PART 4EU Regulations
CHAPTER 2Other 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(1)”.
(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;
(c)for paragraph 4, substitute—
“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”;
(c)in paragraphs 2 and 4, for “national authorities”, substitute “approval authority”;
(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;
(c)in paragraph 4—
(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—
“Article 15Regulations
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(2)”.
(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”;
(c)in paragraph 3, for “An approval” substitute “The approval”.
(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”;
(c)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”;
(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”;
(c)in paragraph 3, for “Article 28 of Directive 2007/46/EC” substitute “Article 50 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”;
(c)in Parts 2 and 3, for “EC type-approval” each time it occurs, substitute “GB type-approval”.
(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(3).”.
(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(4)”;
(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.”;
(c)in point 1.2, for “Annex VII to Directive 2007/46/EC” substitute “Annex IV to Regulation (EU) 2020/683”;
(d)in the Appendix—
(i)for the image, substitute—
“
”
(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(5)”;
(b)in paragraphs (2) and (3), for “and its implementing measures” substitute “and Commission Regulation (EU) 406/2010”;
(c)in paragraph (4), for “authorities” substitute “authority”.
(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”;
(c)in paragraph 3—
(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—
“Article 12aRegulations
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”;
(c)in paragraph 2, for “National authorities shall” substitute “The Secretary of State must”.
(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”;
(c)in paragraph 3—
(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;
(c)in paragraph 3—
(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—
“Article 13Regulations
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”;
(c)in paragraph 3, for “the Community” substitute “Great Britain”.
(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”;
(c)in paragraph 3—
(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—
“Article 15Regulations
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.
3. 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”;
(c)in note (a), for “EC” substitute “GB”;
(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 2 and 4, for “an EC type-approval” substitute “a GB type-approval”;
(c)in paragraph 3—
(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(6)”;
(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(7)”;
(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(8)”.
(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”;
(c)in Part 2 (model EC type-approval certificate)—
(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(9)”;
(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)”;
(c)in Part 3 (EC component type-approval mark)—
(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—
“
”
(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”;
(c)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) 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”;
(c)in the notes following 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 “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”;
(c)in paragraphs 3 and 4, for “an EC type-approval” substitute “a GB type-approval”.
(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”;
(c)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”.
(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(10) or Annex IV to Commission Implementing Regulation (EU) 2021/535(11), 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”;
(c)in Part 3—
(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—
“
”
(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—
(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”.
(c)in paragraphs 3 and 4, for “an EC” substitute “a GB”.
(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”;
(c)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 “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”;
(c)in paragraph 5, for “an EC” substitute “a GB”.
(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(12) 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(13) 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(14) or with Annex II to Regulation (EU) 2021/535(15), in each case as they apply in the EU.”.
(7) In the Appendix to Annex I—
(a)in paragraph 1—
(i)for “e3*2007/46*0004” substitute “g11*2007/46*0004”;
(ii)for “Italy” substitute “Great Britain”;
(b)in paragraph 2—
(i)for “e1*2007/46*0345” substitute “g11*2007/46*0345”;
(ii)for “Germany” substitute “Great Britain”;
(c)in paragraph 3—
(i)for “e11*2007/46*0085” substitute “g11*2007/46*0085”;
(ii)for “the United Kingdom” substitute “Great Britain”;
(d)in paragraph 4—
(i)for “e6*2007/46*0098” substitute “g11*2007/46*0098”;
(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”;
(c)in Part B (EC type-approval certificate)—
(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(16)”;
(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”;
(c)in point (13), for the words from “as defined” to the end, substitute “which comes into contact with the ground”;
(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”;
(c)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 “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”;
(c)in paragraph 3, for “EC type-approval” substitute “GB type-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”;
(c)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) 109/2011(17) or Annex VIII of Commission Implementing Regulation (EU) 2021/535(18), 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”;
(c)in Part 2—
(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—
“
”.
(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”;
(c)in point 2.4.1, for “EC component” substitute “GB component”;
(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”;
(c)in paragraphs 3 and 4, for “an EC type-approval” substitute “a GB type-approval”.
(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”;
(c)in the Addendum to Part 2—
(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(19)”.
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”;
(c)omit paragraphs 1a to 1c;
(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”;
(c)in paragraph 4, omit points (d) and (g).
(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”;
(c)in paragraph 1a—
(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”;
(c)in paragraph 4, omit points (c) and (d).
(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”;
(c)in paragraph 1, in the opening words—
(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”;
(c)in paragraph 1—
(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,”;
(c)in paragraph 6—
(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(20)”;
(ii)in point (c), for “Directive 98/70/EC” substitute “the Motor Fuel (Composition and Content) Regulations 1999”;
(c)in point 3.1, omit “and access to vehicle repair and maintenance information”;
(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”;
(c)in the explanatory notes (regarding filling in the table)—
(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”;
(c)in Section I, in point 0.5, for “EC approval” substitute “GB 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—
“
”
(c)in the text below the image, omit “in Belgium (e6)”.
(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”;
(c)in point 4.4.2, for “Directive 98/70/EC” substitute “The Motor Fuel (Composition and Content) Regulations 1999”;
(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(21)”;
(c)in point 2.4.2, for “EC type-approval”, both times it occurs, substitute “GB type-approval”;
(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”;
(c)in point 3, for “date EC” substitute “date GB”;
(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(22)”;
(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”;
(c)in point 2.1.5, in the modified text, after “the Union” insert “or the United Kingdom”;
(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”;
(c)in paragraph 4, for “an EC type-approval” substitute “a GB type-approval”.
(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”;
(c)in the heading to the addendum to Part 2, for “EC” substitute “GB”.
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;
(c)in paragraph 3—
(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”.
(c)in paragraph 4, for “an EC” substitute “a GB”.
(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(23)”;
(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”;
(c)in the explanatory notes following Part 1—
(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”;
(c)in point 2.4.5, omit “For approval level 1: Column D of the table in 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”;
(c)in point 5, 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”;
(c)in paragraphs 3 and 4, for “an EC” substitute “a GB”;
(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”;
(c)in Part 2, for “as amended” substitute “as it forms part of domestic law, and as last amended by S.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”;
(c)in point (2) for “Annex IV and Annex XI to Directive 2007/46/EC” substitute “Annex II 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(24)”;
(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(25), 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”;
(c)in paragraph 10, for “an EC type-approval” substitute “a GB type-approval”;
(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”;
(c)in paragraph 2—
(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(26), 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(27) 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”;
(c)in Part C—
(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(28)”;
(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(29).”;
(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(30)”;
(c)in Part B (EC type-approval certificates: vehicles and their trailers, masses and dimensions)—
(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—
“
”;
(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(31) 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(32),
(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.”;
(c)after paragraph 4, insert—
“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(33) 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(34),
(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.”;
(c)after paragraph 4, insert—
“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”;
(c)in point (5), for “Annex IV or Annex XI to Directive 2007/46/EC” substitute “Annex II to Regulation (EU) 2018/858”;
(d)in point (21), for “EU” substitute “GB”.
(5) In Article 4 (general obligations of member States)—
(a)in the heading, for “Member States” substitute “the Secretary of State”;
(b)for “EU type-approval” each time it appears, substitute “GB type-approval”;
(c)in paragraph 1—
(i)for “Article 23 of Directive 2007/46/EC” substitute “Article 42 of Regulation (EU) 2018/858”;
(ii)for “Member States” substitute “the approval authority”;
(d)in paragraph 2—
(i)in the first sub-paragraph, for “Member States” substitute “the approval authority”;
(ii)for the second sub-paragraph, substitute—
“The approval authority may grant GB type-approval, under the terms and test procedures of Annex II of Directive 70/157/EEC(35) as it had effect in EU law on IP completion date, to a replacement silencing system, or components thereof, as a separate technical unit intended for vehicles type-approved before the dates of phases of application set out in Annex III to this Regulation.”;
(e)in paragraph 3—
(i)for “Member States” substitute “the Secretary of State”;
(ii)for “Article 26 of Directive 2007/46/EC” substitute “Article 48 of Regulation (EU) 2018/858”;
(f)in paragraph 4—
(i)for “Member States” both times it occurs, substitute “the Secretary of State”;
(ii)in the second sub-paragraph, for the words from “holding” to the end, substitute—
“holding an EU type-approval as a separate technical unit under the terms of Annex II to Directive 70/157/EEC issued by—
(a)the Secretary of State before IP completion day, or
(b)an approval authority of a member State before 1st January 2023.”.
(6) In Article 7 (consumer information and labelling), omit the second subparagraph.
(7) In Article 8 (acoustic vehicle alerting system), for the second subparagraph substitute—
“The Secretary of State may by regulations amend Annex VIII to include more detailed requirements on the performance of AVAS or of active safety systems, taking into account the UNECE work on that issue.”.
(8) For Articles 9 (amendment of the annexes) and 10 (exercise of the delegation), substitute—
“Article 9Amendment of the annexes
The Secretary of State may by regulations amend Annexes I, IV, VIII and X to take account of technical developments.
Article 10Regulations
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.”.
(9) Omit Article 11 (revision clause).
(10) After Article 15 (entry into force), omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.
Regulation (EU) No 540/2014: Annexes
76.—(1) The Annexes to Regulation (EU) No 540/2014 are amended as follows.
(2) In Annex I (EU type-approval: sound level of a vehicle type)—
(a)in the heading, and each other time it occurs, including in the Appendices to the Annex I, for “EU type-approval” substitute “GB type-approval”;
(b)in point 1.1, for “Article 7(1) and (2) of Directive 2007/46/EC” substitute “Article 23 of Regulation (EU) 2018/858”;
(c)in point 3.1, for “Article 9(3) and, if applicable, Article 10(4) of Directive 2007/46/EC” substitute “Article 28(4) and, if applicable, Article 29(3) of Regulation (EU) 2018/858”;
(d)in point 3.3—
(i)for “Annex VII to Directive 2007/46/EC” substitute “Annex IV to Commission Implementing Regulation (EU) 2020/683”;
(ii)for “The same Member State” substitute “The approval authority”;
(e)in point 4, for “Articles 13, 14, 15, 16 and Article 17(4) of Directive 2007/46/EC” substitute “Articles 33, 34 and 35 of Regulation (EU) 2018/858”;
(f)in point 5.1, for “Article 12 of Directive 2007/46/EC” substitute “Article 31 of Regulation (EU) 2018/858”;
(g)in point 5.2.1, for “point 2.3.5 of Annex X to Directive 2007/46/EC” substitute “point 3.3.5 of Annex IV of Regulation (EU) 2018/858”;
(h)in point 5.2.2, for “point 3 of Annex X to Directive 2007/46/EC” substitute “point 4 of Annex IV to Regulation (EU) 2018/858”;
(i)in Appendix 1—
(i)in the heading, for “Annex I of Directive 2007/46/EC” substitute “Annex I to Commission Implementing Regulation (EU) 2020/683”;
(ii)in point 9(1), for “Annex II to Directive 2007/46/EC” substitute “Annex I to Regulation (EU) 2018/858”;
(j)in Appendix 2—
(i)in the heading for “EU” substitute “GB”;
(ii)in the words before Section 1, after “540/2014” insert “as it has effect in domestic law”;
(k)in the notes following Appendix 2—
(i)in note 1, for “point 4 of Part A of Annex II to Directive 2007/46/EC” substitute “point 2.1 of Part A of Annex I to Regulation (EU) 2018/858”;
(ii)in note 3, for “Annex IIA to Directive 2007/46/EC” substitute “Article 4 of Regulation (EU) 2018/858”;
(l)in the Addendum following Appendix 2, in the heading, for “EU” substitute “GB”.
(3) In Annex II (methods and instruments for measuring noise made by motor vehicles), for “EU type-approval” both times it occurs, substitute “GB type-approval”.
(4) In Annex III (limit values)—
(a)in the first note after the table, for “point 4 of Part A of Annex II to Directive 2007/46/EC” substitute “point 2.1 of Part A of Annex I to Regulation (EU) 2018/858”;
(b)in the final note after the table, for “Annex II to Directive 2007/46/EC” substitute “Annex I to Regulation (EU) 2018/858”.
(5) In Annex IV (silencing systems containing acoustically absorbing fibrous materials), in section 1, in point (b) of the first paragraph, for “EU type-approval” substitute “a GB type approval”.
(6) In Annex VI (checks on conformity of production for vehicles), in section 3, for “Annex X to Directive 2007/46/EC” each time it occurs, substitute “Annex IV to Regulation (EU) 2018/858”.
(7) In Annex VII (measuring method to evaluate compliance with additional sound emission provisions), in the second paragraph of section 1, for “EU type-approval” substitute “GB type-approval”.
(8) In Annex VIII (measures concerning the acoustic vehicle alerting system), in section III.5, for “EU type-approval” substitute “GB type-approval”.
(9) In Annex IX (EU type-approval: sound level of silencing systems as separate technical units)—
(a)in the heading and each other time it occurs, including in the Appendices to Annex IX, for “EU type-approval” substitute “GB type-approval”;
(b)in point 1.1 for “Article 7(1) and (2) of Directive 2007/46/EC” substitute “Article 23 of Regulation (EU) 2018/858”;
(c)in point 3.1, for “Article 9(3) and, if applicable, Article 10(4) of Directive 2007/46/EC” substitute “Article 28(4) and, if applicable, Article 29(3) of Regulation (EU) 2018/858”;
(d)in point 3.3—
(i)in the first sentence, for “Annex VII to Directive 2007/46/EC” substitute “Annex IV to Commission Implementing Regulation (EU) 2020/683”;
(ii)in the last sentence, for “same Member State” substitute “approval authority”;
(e)in point 4.2—
(i)for the first subparagraph, substitute—
“4.2. The GB type-approval mark consists of a rectangle surrounding the lower-case letter “g” followed by number “11”.”;
(ii)in the second subparagraph, for “Annex VII to Directive 2007/46/EC” substitute “Annex IV of Commission Implementing Regulation (EU) 2020/683”;
(f)in point 6, in the second subparagraph, omit the second sentence;
(g)in point 7, for “Articles 13 to 16 and Article 17(4) of Directive 2007/46/EC” substitute “Articles 33, 34 and 35(5) of Regulation (EU) 2018/858”;
(h)in point 8.1, for “Article 12 of Directive 2007/46/EC” substitute “Article 31 of Regulation (EU) 2018/858”;
(i)in point 8.2.1, for “point 2.3.5 of Annex X to Directive 2007/46/EC” substitute “point 3.3.5 of Annex IV of Regulation (EU) 2018/858”;
(j)in point 8.2.2, for “point 3 of Annex X to Directive 2007/46/EC” substitute “point 4 of Annex IV to Regulation (EU) 2018/858”;
(k)in Appendix 1, in point 1.5, for “EU” substitute “GB”;
(l)in the Addendum following Appendix 2 to Annex IX, in point 1.1.5 for “EU” substitute “GB”;
(m)in the notes following Appendix 2, in note (3) for “Annex IIA to Directive 2007/46/EC” substitute “Article 4 of Regulation (EU) 2018/858”;
(n)in Appendix 3—
(i)for the image, substitute—
“
”
(ii)in the text following the image, omit “in Spain (e 9)”.
Regulation (EU) 2015/758
77.—(1) Regulation (EU) 2015/758 is amended as follows.
(2) In Article 1 (subject matter), for “EC” substitute “GB”.
(3) In Article 2 (scope)—
(a)in paragraph 1—
(i)in the opening words, for “points 1.1.1 and 1.2.1 of Part A of Annex II to Directive 2007/46/EC” substitute “Article 4 of Regulation (EU) 2018/858”;
(ii)in the second subparagraph, in point (a)—
(aa)after “produced in” insert “medium and”;
(bb)for “Article 22 and 23 of Directive 2007/46/EC” substitute “Article 41 and 42 of Regulation (EU) 2018/858”;
(iii)in the second subparagraph, in point (b), for “Article 24 of Directive 2007/46/EC” substitute “Article 45 of Regulation (EU) 2018/858”;
(b)in paragraph 2—
(i)for “The Commission shall be empowered to adopt delegated acts in accordance with Article 8” substitute “The Secretary of State may make regulations”;
(ii)omit “which is carried out or mandated by the Commission”;
(iii)omit the second subparagraph;
(c)after paragraph 2, insert—
“3. A type of vehicle which was subject to an approval under section 55(1A) or (1D) of the Road Traffic Act 1988(36) is not required to be approved in accordance with this Regulation.”.
(4) In Article 3 (definitions)—
(a)in the opening words, for “Directive 2007/46/EC” substitute “Regulation (EU) 2018/858”;
(b)in point (3), for “Member State” substitute “Secretary of State”;
(c)in point (9), for the words “Directives” to the end, substitute “the Communications Act 2003(37)”.
(5) In Article 5 (specific obligations of manufacturers)—
(a)in paragraph 2—
(i)in the first subparagraph, for “Union” substitute “the United Kingdom”;
(ii)omit “single European” both times it occurs;
(b)in paragraph 5, for “EC” substitute “GB”;
(c)in paragraph 7, for “Regulation (EC) No 715/2007” substitute “Chapter XIV of Regulation (EU) 2018/858”;
(d)in paragraph 8—
(i)in the first subparagraph—
(aa)for the words from the beginning to “Article 8” substitute “The Secretary of State may make regulations”;
(bb)for “EC type-approval” both times it occurs, substitute “GB type-approval”;
(ii)in point (f)—
(aa)omit “European” the first time it occurs;
(bb)for “adopted in conformity with the procedures laid down in Regulation (EU) No 1025/2012 of the European Parliament and of the Council(1)” substitute “specified in regulations made by the Secretary of State”;
(cc)for “Union” substitute “United Kingdom”;
(iii)omit the final sentence;
(e)in paragraph 9, for “The Commission shall be empowered to adopt delegated acts in accordance with Article 8” substitute “The Secretary of State may make regulations”.
(6) In Article 6 (rules on privacy and data protection)—
(a)in paragraph 1—
(i)for “Directives 95/46/EC and 2002/58/EC” substitute “the Data Protection Act 2018(38), Regulation (EU) 2016/679(39) and the Privacy and Electronic Communications (EC Directive) Regulations 2003(40);
(ii)for “those Directives” substitute “those enactments”;
(b)in paragraph 9(i), for “Directive 95/46/EC” substitute “Regulation (EU) 2016/679 and the Data Protection Act 2018”;
(c)in paragraph 12—
(i)in the first subparagraph, for “The Commission shall be empowered to adopt delegated acts in accordance with Article 8” substitute “The Secretary of State may make regulations”;
(ii)omit the second subparagraph;
(d)in paragraph 13—
(i)in the first subparagraph, for “The Commission shall, by means of implementing acts”, substitute “The Secretary of State must, by regulations”;
(ii)omit the second and third subparagraphs.
(7) In Article 7 (obligations of the Member States)—
(a)in the heading, for “Member States” substitute “approval authority”;
(b)for “With effect from 31 March 2018, national authorities shall” substitute “The approval authority may”;
(c)for “EC” substitute “GB”.
(8) For Article 8 (exercise of the delegation), substitute—
“Article 8Regulations
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 2(2), 5(8), and (9), and 6(12).
5. A statutory instrument containing regulations made under this Regulation is subject to annulment in pursuance of a resolution of either House of Parliament.”.
(9) In Article 9 (implementing acts)—
(a)in the opening paragraph—
(i)for “The Commission shall adopt implementing acts” substitute “The Secretary of State may make regulations”;
(ii)for “EC”, each time it occurs, substitute “GB”;
(b)omit the second and third subparagraphs.
(10) Omit Articles 10 (committee procedure), 11 (penalties) and 12 (reporting and review).
(11) After Article 14 (entry into force), omit “This Regulation shall be binding in its entirety and directly applicable in all Member States”.
Commission Implementing Regulation (EU) 2017/78
78.—(1) Commission Implementing Regulation (EU) 2017/78 is amended as follows.
(2) In Article 2 (EC type-approval: 112-based eCall in-vehicle systems)—
(a)in the heading, and each other time it occurs, for “EC type-approval” substitute “GB type-approval”;
(b)in paragraph 1, for “Article 3(29) of Directive 2007/46/EC” substitute “Article 3(36) of Regulation (EU) 2018/858”;
(c)in paragraph 3—
(i)in the first subparagraph—
(aa)for “grant an” substitute “grant a”;
(bb)for “issue an” substitute “issue a”;
(cc)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 (EC type-approval: 112-based eCall in-vehicle STUs etc)—
(a)in the heading, and each other time it occurs, for “EC type-approval” substitute “GB type-approval”;
(b)in paragraph 1, for “Article 3(29) of Directive 2007/46/EC” substitute “Article 3(36) of Regulation (EU) 2018/858”;
(c)in paragraph 3—
(i)for “grant an” substitute “grant a”;
(ii)after “issue” insert “a”;
(iii)for “Annex VII to Directive 2007/46/EC” substitute “Annex IV to Commission Implementing Regulation (EU) 2020/683”.
(iv)for “A Member State” substitute “The approval authority”.
(4) In Article 4 (EC type-approval mark)—
(a)in the heading, for “EC” substitute “GB”;
(b)for “an EC” both times it occurs, substitute “a GB”.
(5) After Article 6 (entry into force), omit “This Regulation shall be binding in its entirety and directly applicable in all Member States”.
(6) In Annex I (Administrative documents for EC type-approval: installation of 112-based eCall in-vehicle systems)—
(a)in the heading, and each time it occurs, for “EC type-approval” substitute “GB type-approval”;
(b)in the explanatory notes to Part 1—
(i)in note (2), for “Part A of Annex II to Directive 2007/46/EC”, substitute “Article 4 of Regulation (EU) 2018/858”;
(ii)in note (4), for “Annex II of Directive 2007/46/EC” substitute “Annex I of Regulation (EU) 2018/858”;
(c)in Part 2—
(i)after “2015/758” insert “as it has effect in domestic law”;
(ii)for “by Regulation …/…” substitute “by S.I. …./….”;
(iii)in the explanatory notes to Part 2, in note (3), for “Part A of Annex II to Directive 2007/46/EC”, substitute “Article 4 of Regulation (EU) 2018/858”;
(iv)in the heading to the Addendum to Part 2, for “EC” substitute “GB”.
(d)in Part 3—
(i)in point 2.1—
(aa)for “Directives 95/46/EC and 2002/58/EC of the European Parliament and of the Council”, substitute “Regulation (EU) 2016/679, the Data Protection Act 2018(41) and the Privacy and Electronic Communications (EC Directive) Regulations 2003(42)”;
(bb)for “Article 7(d) of Directive 95/46/EC” substitute “Article 6(1)(d) of Regulation (EU) 2016/679(43)”;
(ii)in point 2.3.2—
(aa)for “respective public authorities of the country on which territory they are located” substitute “Secretary of State”;
(bb)omit “single European”;
(iii)in point 2.5.1—
(aa)for “Directive 95/46/EC” substitute “Regulation (EU) 2016/679 and the Data Protection Act 2018”;
(bb)for “this Directive” substitute “that Regulation and that Act”;
(iv)in point 3.2, for “Directives 95/46/EC and 2002/58/EC” substitute “Regulation (EU) 2016/679, the Data Protection Act 2018 and the Privacy and Electronic Communications (EC Directive) Regulations 2003”.
(7) In Annex II (administrative documents for EC type-approval: 112 based eCall in-vehicle STU etc)—
(a)in the heading, and each other time it occurs, for “EC type-approval” substitute “GB type-approval”;
(b)in Part 1, in point 0.7, for “EC” substitute “GB”;
(c)in the explanatory notes to Part 1, in note (2), for “Section A of Annex II to Directive 2007/46/EC” substitute “Article 4 of Regulation (EU) 2018/858”;
(d)in Part 2—
(i)after “2015/758” insert “as it has effect in domestic law”;
(ii)in Section 1, in point 0.7, for “EC” substitute “GB”;
(e)in Part 3—
(i)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 3—
(aa)in figure 1, for the image, substitute—
“
”
(bb)in the explanatory note following “figure 1”, for “EC” substitute “GB”, omit “by Bulgaria”, and for “0046” substitute “0026”;
(cc)in figure 2, for the image, substitute—
“
”
(dd)in the explanatory note following figure 2, for “EC” substitute “GB”, and omit “by Germany”.
Commission Delegated Regulation (EU) 2017/79
79.—(1) Commission Delegated Regulation (EU) 2017/79 is amended as follows.
(2) In the title of the Regulation, in Articles 1 and 8, and in Articles 5, 6 and 7 and their headings, for “EC type-approval”, substitute “GB type-approval”.
(3) In Article 3 (multi-stage approval of special purpose vehicles), for “Annex II to Directive 2007/46/EC” substitute “Annex I to Regulation (EU) 2018/858”.
(4) In Article 8—
(a)in the heading, for “Member States” substitute “approval authority”;
(b)in the Article, for “Member States” substitute “The approval authority”.
(5) After Article 10 (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 and procedures for testing the resistance of eCall in-vehicle systems to severe crashes), in point 2.2.4, for “Article 3(31) of Directive 2007/46/EC” substitute “Article 3(38) of Regulation (EU) 2018/858”.
(7) In Annex IX (classes of vehicles referred to in Article 2), for “Annex II to Directive 2007/46/EC” substitute “Annex I to Regulation (EU) 2018/858”.
Commission Regulation (EU) No 2017/1151: Articles
80.—(1) Commission Regulation (EU) No 2017/1151 is amended as follows.
(2) In Article 2 (definitions)—
(a)in point (2)—
(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”;
(b)in point (32c), for “the Community”, substitute “Great Britain”.
(3) In Article 3 (requirements for type-approval)—
(a)in paragraph 1, for “an EC type-approval” substitute “a GB type-approval”;
(b)in paragraph 3—
(i)for “EC type-approval”, both times it occurs, substitute “GB type-approval”;
(ii)for “a third country” substitute “a country other than the United Kingdom”;
(iii)omit the third subparagraph;
(c)in paragraph 10, omit the final subparagraph.
(4) In Article 4 (requirements for type-approval re the OBD system), in paragraph 6, for “national authorities” substitute “the approval authority”.
(5) In Article 5 (application for EC type-approval: emissions and access to vehicle repair and maintenance information)—
(a)in the heading and in paragraph 1, for “EC type-approval” substitute “GB type-approval”;
(b)omit paragraph 5;
(c)in paragraph 6—
(i)in the first subparagraph, for “approval authorities” substitute “the approval authority”;
(ii)in the third subparagraph, for “authorities” substitute “authority”;
(d)in paragraph 11—
(i)in the first subparagraph, for “authorities” substitute “authority”;
(ii)for the sixth subparagraph, substitute—
“Each year, the approval authority must make available to the public a list of the AES which it has decided are not acceptable for the purposes of this paragraph.”;
(e)in paragraph 12, omit “which granted the emission type-approval under this Regulation (‘granting approval authority’)”.
(6) In Article 6 (administrative provisions for EC type-approval: emissions and access to vehicle repair and maintenance information)—
(a)in the heading, for “EC type-approval”, substitute “GB type-approval”;
(b)in paragraphs 1 and 3, for “an EC type-approval” substitute “a GB type-approval”;
(c)in paragraph 1—
(i)for “Annex VII to Directive 2007/46/EC”, both times it occurs, substitute “Annex IV to Commission Implementing Regulation (EU) 2020/683”;
(ii)in the third subparagraph, for “An approval” substitute “The approval”;
(d)in paragraph 2, omit the second subparagraph;
(e)in paragraph 3, for “an EC type approval” substitute “a GB type-approval”.
(7) In Article 7 (amendments to type-approvals), for “Articles 13, 14 and 16 of Directive 2007/46/EC” substitute “Articles 33 and 34 of Regulation (EU) 2018/858”.
(8) In Article 8 (conformity of production), in paragraph 1, for “Article 12 of Directive 2007/46/EC”, substitute “Article 31 of Regulation (EU) 2018/858”.
(9) In Article 9 (in service conformity)—
(a)in paragraph 1, for “Annex X to Directive 2007/46/EC” substitute “Annex IV to Regulation (EU) 2018/858”;
(b)in paragraph 4, for “the Union” substitute “Great Britain”;
(c)in paragraph 5, omit “granting type”;
(d)in paragraph 6, omit “granting”;
(e)in paragraph 7—
(i)for the first and second subparagraphs, substitute—
“7. If the approval authority has established that an in-service conformity family fails the in-service conformity check, it must inform the manufacturer that an in-service conformity family fails the in-service conformity checks and that the procedures described in points 6 and 7 of Annex II must be followed.”;
(ii)omit the third subparagraph;
(f)in paragraph 8—
(i)in point (a), for “Article 3(7) of Directive 2007/46/EC” substitute “Article 3(8) of Regulation (EU) 2018/858”;
(ii)in point (b)—
(aa)for “points 5.2 and 5.5 of Part A of Annex II to Directive 2007/46/EC”, substitute “points 5.2, 5.4 and 5.5 of Part A of Annex I to Regulation (EU) 2018/858”;
(bb)for “Annex II to Directive 2007/46/EC”, the second time it occurs, substitute “Annex I to Regulation (EU) 2018/858”.
(10) In Article 10 (pollution control devices), in paragraph 1—
(a)for “EC type-approved”, both times it occurs, substitute “GB type-approved”;
(b)for “Article 10(2) of Directive 2007/46/EC” substitute “Article 29(1) of Regulation (EU) 2018/858”.
(11) In Article 11 (application for EC type-approval: replacement pollution device as a separate technical unit), in the heading and in paragraph 1, for “EC type-approval” substitute “GB type-approval”.
(12) In Article 12 (administrative provisions for EC type-approval: replacement pollution device as a separate technical unit)—
(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”.
(13) In Article 13 (access to vehicle OBD etc), omit paragraph 9.
(14) In Article 14 (compliance with obligations re access to vehicle OBD and vehicle repair and maintenance information), in paragraph 1, for “An approval” substitute “The approval”.
(15) In Article 15 (transitional provisions)—
(a)omit paragraph 1;
(b)in paragraph 2—
(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”;
(c)in paragraph 3—
(i)in the first subparagraph—
(aa)for “national authorities” substitute “the Secretary of State”;
(bb)for “Article 26 of Directive 2007/46/EC” substitute “Article 48 of Regulation (EU) 2018/858”;
(ii)in the third subparagraph, for the words “national authorities” to the end, substitute “the registration, sale or entry into service of new vehicles that do not comply with Annex VI to this Regulation is prohibited.”;
(d)in paragraph 4, in the second subparagraph, for “EC type-approval” substitute “GB type-approval”;
(e)in paragraph 5, in point (c) for “authorities” substitute “authority”;
(f)omit paragraph 6;
(g)in paragraph 9—
(i)in the first subparagraph—
(aa)for “national authorities” substitute “the approval authority”;
(bb)for “EC type approval or national type approval” substitute “GB type-approval”;
(ii)in the second subparagraph, for the words “national authorities” to the end, substitute “the registration, sale or entry into service of new vehicles that do not comply with that Article is prohibited.”;
(h)in paragraph 10, in the first subparagraph, for the words from “national authorities” to the end, substitute “the registration, sale or entry into service of new vehicles that do not comply with the requirements set out in Annex VIII of Commission Implementing Regulation (EU) 2020/683 is prohibited.”.
(16) After Article 20 (entry into force), omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.
Commission Regulation (EU) 2017/1151: Annexes
81.—(1) The Annexes to Commission Regulation (EU) 2017/1151 are amended as follows.
(2) In Annex I (administrative provisions for EC type-approval)—
(a)in the heading, and each other time it occurs, for “EC type-approval” substitute “GB type-approval”;
(b)in point 4.1.1, for “Annex X of Directive 2007/46/EC”, substitute “Annex IV of Regulation (EU) 2018/858”;
(c)in the second subparagraph of point 4.1.2, omit the words “and shall make it” to the end;
(d)in point 4.1.7, omit the second sentence;
(e)in point 4.1.8, for “Article 30 of Directive 2007/46/EC” substitute “Article 54 of Regulation (EU) 2018/858”;
(f)in point 4.2.6.1, for “Article 12 of Regulation (EC) No 443/2009 for M1 vehicles or Article 12 of Regulation (EU) No 510/2011 for N1 vehicles” substitute “Article 11 of Regulation (EU) No 2019/631(44)”;
(g)in Appendix 3—
(i)in the heading and in point 3.2.18.1, for “EC type-approval” substitute “GB type-approval”;
(ii)in point 3.5.8, for “Article 12 of Regulation (EC) No 443/2009 for M1 vehicles or Article 12 of Regulation (EU) No 510/2011 for N1 vehicles” substitute “Article 11 of Regulation (EU) 2018/858”;
(iii)in point 9.1, for “Annex II of Directive 2007/46” substitute “Annex I of Regulation (EU) 2018/858”;
(h)in the explanatory notes following point 16.3 of Appendix 3—
(i)in note (o), for “Council Directive 80/1268/EC (OJ L 375, 31.12.1980, p. 36)” substitute “Regulation (EC) 715/2007(45)”;
(ii)in note (w2) and (w3), omit “the Commission Decision approving”;
(i)in Appendix 4—
(i)in the heading, and each other time it occurs, for “EC type-approval” substitute “GB type-approval”;
(ii)in the opening section, after “2017/1151” insert “as they have effect in domestic law”;
(iii)in the note of attachments after point 8 in Section II, after “information package” omit the reference to note (6);
(j)in the Addendum to EC type-approval certificate after Appendix 4, in the heading, for “EC” substitute “GB”;
(k)in the explanatory notes following the Addendum—
(i)in note (5a), for “point 18 of Directive 2007/46/EC” substitute “point 24 of Regulation (EU) 2018/858”;
(ii)omit note (6);
(iii)for the words in note (26) substitute “The general code of the eco-innovation(s) is to consist of the two-digit codes for each individual eco-innovation, separated by spaces (e.g. 10 15 16)”;
(l)in Appendix 6—
(i)in the heading and in point 1, each time it occurs, for “EC” substitute “GB”;
(ii)in point 2.1—
(aa)omit “issued by Luxembourg, identified by the code e3”;
(bb)in the formula following the point, for “e13” substitute “g11”;
(iii)in point 2.2—
(aa)omit “issued by Romania, identified by the code e19”;
(bb)in the formula following the point, for “e19” substitute “g11”;
(m)in Appendix 7, in the certificate of compliance, after “2017/1151” insert “as it applies in domestic law”.
(3) In Annex II—
(a)in Part A (in-service conformity)--
(i)in point 2.1, for “Article 12(1) and (2) of Directive 2007/46/EC and in points 1 and 2 of Annex X to that Directive” substitute “Article 31(1), (3) and (4) of Regulation (EU) 2018/858 and in points 2 and 3 of Annex IV to that Regulation”;
(ii)in point 2.3, for “‘Member States’”, substitute “‘the United Kingdom’”;
(iii)in point 2.4—
(aa)after “Directive 2007/46/EC” insert “or with Regulation (EU) 2018/858”;
(bb)for “Union” substitute “United Kingdom”;
(iv)in point 2.5, for “Directive 2007/46/EC” substitute “Regulation (EU) 2018/858”;
(v)in point 2.6, for “Directive 2009/30/EC of the European Parliament and of the Council(1)” substitute “the Motor Fuel (Composition and Content) Regulations 1999(46)”;
(b)in Part B (new in-service conformity methodology)—
(i)in point 5—
(aa)in the first subparagraph, omit the words from “using the Electronic” to the end;
(bb)in the second subparagraph, omit the second sentence;
(cc)in the third subparagraph, omit the words from “using the Electronic” to the end;
(ii)in point 5.1, in the first subparagraph, for “Article 41 of Directive 2007/46/EC” substitute “Article 68 of Regulation (EU) 2018/858”;
(iii)in point 5.7.1—
(aa)in the first subparagraph, after “Union” both times it occurs, insert “or the United Kingdom”;
(bb)in the sixth subparagraph, for “Directive 98/70/EC of the European Parliament and of the Council” substitute “the Motor Fuel (Composition and Content) Regulations 1999”;
(iv)in point 5.8—
(aa)in the first subparagraph, for “the Union” substitute “Great Britain”;
(bb)in Table B.1, in the heading to the first column, for “EU” substitute “GB”;
(v)in point 5.9—
(aa)in the heading, omit “Use of the Electronic Platform for in-service conformity and”;
(bb)omit the first and third subparagraphs;
(vi)in point 5.10.1, in the fourth subparagraph, for “Annex IX of Directive 2007/46/EC” substitute “Annex VIII to Commission Implementing Regulation (EU) 2020/683”;
(vii)in point 7.6, for “Article 30 of Directive 2007/46/EC” substitute “Article 54 of Regulation (EU) 2018/858”;
(viii)omit point 7.7;
(ix)in point 7.9, omit “in all Member States”;
(x)in point 7.10—
(aa)for “per Member State”, both times it occurs, substitute “in Great Britain”;
(bb)for the words from “the granting type approval” to “the Commission”, substitute “the approval authority”;
(xi)in point 7.11—
(aa)for “Member States” substitute “The Secretary of State”;
(bb)for “in their territory” substitute “in Great Britain”;
(c)in Appendix 1, in the table—
(i)in the fourth row (country of registration), omit “(in EU only)”;
(ii)in the eleventh row (country of registration), for “in the EU” substitute “in the UK or the EU”;
(iii)in the thirty-ninth row (has the car been used with wrong fuel type), for “non-commercially available EU quality fuel” substitute “fuel that is neither commercially available nor UK quality fuel”;
(iv)in the forty-eighth row (driving in non-EU Member States), for “in a non EU Member State” substitute “outside the United Kingdom in a country which is not an EU Member State”;
(v)in the forty-ninth row (country in which vehicle refuelled) for “outside a country applying the EU Fuel Standards” substitute “in a country outside the UK which does not apply the EU Fuel Standards”.
(4) In Annex IIIA (verifying real driving emissions)—
(a)omit point 2.3;
(b)in point 2.4, for “Article 7(1) of Regulation (EC) No 715/2007” substitute “Article 63 of Regulation (EU) 2018/858”;
(c)in point 3.1.3.2, for “the Commission and the Type Approval Authorities” substitute “the approval authority”;
(d)in point 3.1.3.2.1, for “Annex IX to Directive 2007/46/EC”, in both places it occurs, substitute “Annex VIII to Commission Implementing Regulation (EU) 2020/683”;
(e)in point 6.4, for “Directive 92/6/EEC” substitute “Regulation 36B of the Road Vehicles (Construction and Use) Regulations 1986(47)”;
(f)in point 6.5, for “Directive 92/6/EEC” substitute “Regulation 36B of the Road Vehicles (Construction and Use) Regulations 1986”;
(g)in point 6.9—
(i)in the second subparagraph, for “Directive 92/6/EEC” substitute “Regulation 36A of the Road Vehicles (Construction and Use) Regulations 1986”;
(ii)in the third subparagraph, for “Directive 92/6/EEC” substitute “Regulation 36B of the Road Vehicles (Construction and Use) Regulations 1986”;
(h)in point 7.4, omit “for the Union”;
(i)in Appendix 5 to Annex IIIA—
(i)in point 4.4.2 and 4.4.3, in the second subparagraph in each case, for “Directive 92/6/EEC” substitute “Regulation 36B of the Road Vehicles (Construction and Use) Regulations 1986”;
(ii)after point 4.4.3, in the titles to Figure 5 and Figure 6, for “Directive 92/6/EEC” substitute “Regulation 36B of the Road Vehicles (Construction and Use) Regulations 1986”;
(j)in Appendix 6 to Annex IIIA—
(i)in point 2.1 in the final subparagraph—
(aa)for “Commission” substitute “Secretary of State”;
(bb)for “mathetical” substitute “mathematical”;
(ii)in point 2.3, in the first subparagraph, in the final sentence, for “Commission” substitute “Secretary of State”;
(k)in Appendix 7—
(i)in point 1, for “Annex IX to Directive 2007/46/EC” substitute “Annex VIII to Commission Implementing Regulation (EU) 2020/683”;
(ii)in point 5.2—
(aa)for “MS-OEM-X-Y” substitute “GB-OEM-X-Y”;
(bb)omit the words from “MS is the distinguishing” to “type-approval(1)”;
(iii)in point 5.3, for “EC” substitute “GB”.
(5) In Annex XI (on-board diagnostics for motor vehicles)—
(a)for point 4.4, substitute—
“4.4. Paragraph 5.2.1(c) of Annex 11 to UNECE Regulation 83(48) shall be read as if “The Type Approval Authority shall transmit this information to the Type Approval Authorities of the Contracting Parties and” were omitted.”;
(b)in point 4.6, for “EC” substitute “GB”;
(c)in Appendix 1, in point 3.1.2—
(i)in the second subparagraph—
(aa)omit “and, upon request, to the Commission”;
(bb)for “in the Union” substitute “in Great Britain”;
(ii)in the third subparagraph—
(aa)in the penultimate sentence, omit “by Member States”;
(bb)omit the final sentence.
(6) In Annex XII (type-approval of vehicles fitted with eco-innovations etc)—
(a)in point 1.1, for “an EC type-approval” substitute “a GB type-approval”;
(b)in point 1.2, after “Commission Decision” inset “or the decision of the Secretary of State”;
(c)in point 1.3, for “Directive 2007/46/EC” substitute “Regulation (EU) 2018/858”;
(d)in point 2.1, for “Article 3(7) of Directive 2007/46/EC”, substitute “Article 3(8) of Regulation (EU) 2018/858”;
(e)in point 2.6, for “Annex IX to Directive 2007/46/EC” substitute “Annex VIII to Commission Implementing Regulation (EU) 2020/683”.
(7) In Annex XIII (EC type-approval of replacement pollution control devices as separate technical units)—
(a)in the heading, and the heading at point 3, for “EC” substitute “GB”;
(b)in point 3.1, for “an EC” substitute “a GB”;
(c)in point 3.2—
(i)for “EC type-approval”, each time it occurs, substitute “GB type-approval”;
(ii)in the first subparagraph, for the words from “letter” to the end, substitute “letter ‘g’ followed by the number 11”;
(iii)in the second subparagraph, for “Annex VII to Directive 2007/46/EC” substitute “Annex IV to Commission Implementing Regulation (EU) 2020/683”;
(d)in points 3.3 and 3.4, for “EC” substitute “GB”;
(e)in point 4.1.5, for “EC type-approval” substitute “GB type-approval”;
(f)in point 6.1, for “Article 12 of Directive 2007/46/EC”, substitute “Article 31 of Regulation (EU) 2018/858”;
(g)in point 6.2.1, for “point 2.2 of Annex X to Directive 2007/46/EC”, substitute “point 2.1 of Annex IV to Regulation (EU) 2018/858”;
(h)in point 6.2.2, for “Article 12(2) of Directive 2007/46/EC” substitute “Article 31(3) of Regulation (EU) 2018/858”;
(i)in Appendix 1, in the heading, and in point 0.7, for “EC” substitute “GB”;
(j)in Appendix 2—
(i)for “EC type-approval”, in the headings and each other time it occurs, substitute “GB type-approval”;
(ii)in point 0.7, for “EC” substitute “GB”;
(k)in Appendix 3—
(i)in the heading, for “EC” substitute “GB”;
(ii)for the image, substitute—
“
”
(iii)in the text following the image, omit “in France (e 2),”.
(8) In Annex XIV (Access to vehicle OBD and vehicle repair and maintenance information)—
(a)in point 2.2—
(i)in the second subparagraph, for the words from the beginning to “Article 13 will” substitute “The Secretary of State may by regulations”;
(ii)after the second subparagraph, insert—
“Article 15 of Regulation (EC) No 715/2007 applies to regulations made by the Secretary of State under this paragraph as it applies to regulations made under Regulation (EC) No 715/2007.”;
(b)in Appendix 1, after “the provisions of” insert “the following Regulations, as they apply in domestic law”.
(9) In Annex XXI (Type 1 emissions test procedures), in point 3.2.18, for “Annex IV and Annex XI of Directive 2007/46/EC”, substitute “Annex II of Regulation (EU) 2018/858”.
Commission Regulation (EU) 2017/2400: Articles
82.—(1) Commission Regulation (EU) 2017/2400 is amended as follows.
(2) In Article 1 (subject matter), for “in the Union” substitute “in Great Britain”.
(3) In Article 2 (scope)—
(a)in paragraph 1, for “Annex II to Directive 2007/46/EC” substitute “Article 4 of Regulation (EU) 2018/858”;
(b)in paragraph 3, for “Annex II to Directive 2007/46/EC” substitute “Annex I to Regulation (EU) 2018/858”;
(4) In Article 3 (definitions)—
(a)omit point (5);
(b)in point (16), for “Annex II to Directive 2007/46/EC” substitute “Annex I to Regulation (EU) 2018/858”;
(c)in point (20), for “as defined in Article 3(15) of Directive 2007/46/EC” substitute—
“a hybrid vehicle that, for the purpose of mechanical propulsion, draws energy from both of the following on-vehicle sources of stored energy or power—
(a)a consumable fuel;
(b)an electrical energy or power storage device, such as, for example, a battery, capacitator, flywheel or generator;”.
(5) In Article 5 (electronic tools)—
(a)in paragraph 1—
(i)in the opening words, for “The Commission shall provide free of charge the following tools in the form of downloadable and executable software”, substitute “The approval authority must use the following electronic tools, as provided by the Commission under Article 5 of this Regulation as it has effect in EU law”;
(ii)in the closing words, omit the words from “The Commission” to the end;
(b)omit paragraph 2.
(6) In Article 6(4) (application for a licence to operate the simulation tool etc)—
(a)for “an EC type-approval”, both times it occurs, substitute “a GB type-approval”;
(b)omit “and access to vehicle repair and maintenance information” both times it occurs;
(c)in the final sentence, for “EC type-approval” substitute “GB type-approval”.
(7) In Article 9 (obligation to determine and declare CO2 emissions and fuel consumption)—
(a)in paragraph 1, for “in the Union” both times it occurs, substitute “in Great Britain”;
(b)in paragraph 5, for “Article 24 of Directive 2007/46/EC” substitute “Article 45 of Regulation (EU) 2018/858”.
(8) In Article 10 (modifications, updates and malfunctions of electronic tools)—
(a)in paragraph 1, after “made available” insert “by the Commission in accordance with paragraph 1 of Article 5 of this Regulation as it applies in EU law”;
(b)after paragraph 1, insert—
“1a. The approval authority must notify approval holders as soon as practicable on each occasion that the simulation tool is updated by the Commission.”;
(c)in paragraph 2, for the words from “the Commission” to the end” substitute “the approval authority without delay”.
(9) In Article 11 (accessibility of the simulation tool inputs and output information)—
(a)in paragraph 1, omit “and the Commission”;
(b)omit paragraphs 2 and 3.
(10) In Article 12 (components, separate technical units and systems relevant to determine CO2 emissions and fuel consumption), after paragraph 7, insert—
“8. A manufacturer may choose to comply with paragraphs 2, 3 and 4 by submitting values determined in accordance with Articles 13 and 14, and certified in accordance with Article 17, of Regulation (EU) 2017/2400 as it applies in EU law, provided that the components, separate technical units or systems concerned were certified before 31st December 2026.”.
(11) In Article 16(3) (application for certification of CO2 emissions and fuel consumption related properties), in the second subparagraph—
(a)for “an approval” substitute “the approval”;
(b)for “point 1 of Annex X of Directive 2007/46/EC” substitute “point 2 of Annex IV of Regulation (EU) 2018/858”.
(12) In Article 19(1) (subsequent changes relevant to the certification of CO2 emissions etc), after “pursuant to” insert “Article 12(8) or”.
(13) In Article 20 (responsibilities re conformity of simulation tool operation)—
(a)in paragraph 1, in the second subparagraph, omit the words from “and shall make them available” to the end;
(b)in paragraph 2—
(i)in the second subparagraph, omit the second sentence;
(ii)omit the fourth subparagraph.
(14) In Article 21 (remedial measures for the conformity of simulation tool operation), in paragraph 3, omit “and all the other Member States”.
(15) In Article 22 (responsibilities re conformity of CO2 emissions etc)—
(a)in paragraph 1—
(i)for “Annex X to Directive 2007/46/EC” substitute “Annex IV to Regulation (EU) 2018/858”;
(ii)after “Article 17”, insert “or with Article 12(8), where such components, separate technical units and systems are fitted to the vehicle,”;
(b)in paragraph 2, for the second sentence, substitute “In the case of components, separate technical units or systems approved under Article 12(8), the manufacturer must provide the approval authority with the test reports that were sent to the certifying approval authority in the relevant member State.”;
(c)omit paragraph 3;
(d)in paragraph 4, for “Any approval authority” substitute “The approval authority”.
(16) In Article 23 (remedial measures for the conformity of CO2 emissions etc)—
(a)in paragraph 1, after “Article 17” insert “or Article 12(8)”;
(b)in paragraph 3, in the first sub-paragraph, omit “and all the other Member States”.
(17) In Article 24(1) (transitional provisions), in the opening words, for “Member States shall prohibit the registration, sale or entry into service of” substitute “the registration, sale or entry into service of the following vehicles is prohibited”.
(18) After Article 27 (entry into force), omit “This Regulation shall be binding in its entirety and directly applicable in all Member States”.
Commission Regulation (EU) 2017/2400: Annexes
83.—(1) The Annexes to Commission Regulation (EU) 2017/2400 are amended as follows.
(2) In Annex II (requirements and procedures: operation of simulation tool)—
(a)in point 1.1.3, omit the words from “consulting” to “as well as”;
(b)in Appendix 2—
(i)after “Regulation (EU) 2017/2400” insert “both as they have effect in domestic law”;
(ii)in Section II, omit point 2.
(3) In Annex III (input information: characteristics of the vehicle), in the second subparagraph of point 4.1, for “Annex IV and Annex XI to Directive 2007/46/EC” substitute “Annex II to Regulation (EU) 2018/858”.
(4) In Annex V (verifying engine data)—
(a)in appendix 4, in point 7.4, for “EC” substitute “GB”;
(b)in appendix 6—
(i)for point 1.3, substitute—
“1.3. The certification mark as a rectangle surrounding the lower-case letter ‘g’ followed by the number 11.”;
(ii)in point 1.4, for “Annex VII to Directive 2007/46/EC” substitute “point 2.4 of Annex IV to Commission Implementing Regulation (EU) 2020/683”;
(iii)in point 1.4.1—
(aa)for the image, substitute—
“
”
(bb)in the words following the image, omit “in Poland (e20),”;
(iv)in point 1.5.1—
(aa)for the image, substitute—
“
”
(bb)in the words following the image, omit “in Poland (e20),”;
(v)in point 2.1, in the example certification number, at the beginning, for “eX” substitute “g11”;
(vi)in the table following point 2.1, in the column headed “Section 3” for “Latest amending Regulation (ZZZZ/ZZZZ)” substitute “Latest amending Statutory Instrument (S.I. ZZZZ/ZZZZ)”.
(5) In Annex VI (verifying transmission, torque convertor and other data)—
(a)in point 3.4.7, for “an approval” substitute “the approval”;
(b)in point 8, for “an approval” substitute “the approval”;
(c)in Appendix 1, in the second paragraph, omit “Regulation (EC) No XXXXX and”;
(d)in Appendices 2, 3, 4 and 5, in point 0.8 in each case, for “EC approval” substitute “GB approval”;
(e)in Appendix 7—
(i)for point 1.3, substitute—
“1.3. The certification mark as a rectangle surrounding the lower-case letter ‘g’ followed by the number 11.”;
(ii)in point 1.4, for “Annex VII to Directive 2007/46/EC” substitute “point 2.4 of Annex IV to Commission Implementing Regulation (EU) 2020/683”;
(iii)in point 1.5—
(aa)for the image, substitute—
“
”
(bb)in the words following the image, omit “in Poland (e20),”;
(iv)in point 2.1, in the example certification number, at the beginning, for “eX” substitute “g11”;
(v)in the table following point 2.1, in the column headed “Section 3”, for “Latest amending Regulation (ZZZZ/ZZZZ)” substitute “Latest amending Statutory Instrument (S.I. ZZZZ/ZZZZ)”.
(6) In Annex VII (verifying axle data)—
(i)in point 5.1, for “Article 12 of Directive 2007/46/EC” substitute “Article 31 of Regulation (EU) 2018/858”;
(b)in Appendix 1—
(i)in the opening section—
(aa)after “2017/2400” the first time it appears, insert “as it has effect in domestic law, as last amended by S.I. …./….”;
(bb)omit the following words “Commission Regulation (EU) 2017/2400 as last amended by …”;
(ii)in Section I, in point 0.5, for “EC” substitute “GB”;
(c)in Appendix 5—
(i)for point 1.3, substitute—
“1.3. The certification mark as a rectangle surrounding the lower-case letter ‘g’ followed by the number 11.”;
(ii)in point 1.4, for “Annex VII to Directive 2007/46/EC” substitute “point 2.4 of Annex IV to Commission Implementing Regulation (EU) 2020/683”;
(iii)in point 1.4.1—
(aa)for the image, substitute—
“
”
(bb)in the words following the image, omit “in Poland (e20),”;
(iv)in point 2.1, in the example certification number, at the beginning, for “eX” substitute “g11”;
(v)in the table following point 2.1, in the column headed “Section 3”, for “Latest amending Regulation (ZZZZ/ZZZZ)” substitute “Latest amending Statutory Instrument (S.I. ZZZZ/ZZZZ)”.
(7) In Annex VIII (verifying air drag data)—
(a)in point 2(12), for the definition ‘EMS’ substitute “‘EMS’ means the European Modular System, denoting a vehicle combination consisting of a vehicle of category N, towing both a semi-trailer and either a trailer or a dolly, whether or not coupled together in that order”;
(b)in Appendix 1—
(i)in the opening section—
(aa)after “2017/2400” the first time it appears, insert “as last amended by S.I. …./….”;
(bb)omit the following words “Commission Regulation (EU) 2017/2400 as last amended by …”;
(ii)in Section I, in point 0.6, for “EC” substitute “GB”;
(c)in Appendix 4—
(i)in tables 11 and 13, in the second row (width), omit “(96/53/EC)”;
(ii)in table 15—
(aa)omit “(96/53/EC)” each time it occurs;
(bb)in the eighth row (front overhang), and the tenth row (corner front/side panel), omit “, 96/53/EC”;
(d)in Appendix 8—
(i)for point 1.3, substitute—
“1.3. The certification mark as a rectangle surrounding the lower-case letter ‘g’ followed by the number 11.”;
(ii)in point 1.4, for “Annex VII to Directive 2007/46/EC” substitute “point 2.4 of Annex IV to Commission Implementing Regulation (EU) 2020/683”;
(iii)in point 1.4.1—
(aa)for the image, substitute—
“
”
(bb)in the words following the image, omit “in Poland (e20),”;
(iv)in point 2.1, in the example certification number, at the beginning, for “eX” substitute “g11”;
(v)in the table following point 2.1, in the column headed “Section 3”, for “Latest amending Regulation (ZZZZ/ZZZZ)” substitute “Latest amending Statutory Instrument (S.I. ZZZZ/ZZZZ)”.
(8) In Annex X (certification procedure for pneumatic tyres)—
(a)in point 3.3—
(i)in the opening words, for “Article 41 of Directive 2007/46/EC” substitute “Article 68 of Regulation (EU) 2018/858”;
(ii)in point (i), for “an approval” substitute “the approval”;
(iii)in point (ii), for “Directive 2007/46/EC, Article 41” substitute “Article 68(1)(a) of Regulation (EU) 2018/858,”;
(b)in point 3.4.4, for “Article 19(2) of Directive 2007/46/EC” substitute “Article 38 of Regulation (EU) 2018/858”;
(c)in Appendix 1, in the opening words, for “as amended by Commission Regulation (EU) 2019/318” substitute “as last amended by S.I. …. / ….”;
(d)in Appendix 4—
(i)in point 1.1, in the example certification number, at the beginning, for “eX” substitute “g11”;
(ii)in the table following point 1.1, in the column headed “Section 3”, for “Latest amending Regulation (ZZZZ/ZZZZ)” substitute “Latest amending Statutory Instrument (S.I. ZZZZ/ZZZZ)”.
(9) In Annex Xa (conformity of simulation tool operation and of CO2 emissions and fuel consumption related properties etc)—
(a)in paragraph 3(f), after “manufacturer” insert “in Great Britain”;
(b)in the table following paragraph 3(f), for the heading to the second column, substitute
(c)“Verification testing procedure relevant vehicles sold in GB/year”.
Regulation (EU) 2019/2144
84. Regulation (EU) 2019/2144 of the European Parliament and of the Council of 27 November 2019 on type-approval requirements for motor vehicles and their trailers, and systems, components and separate technical units intended for such vehicles, as regards their general safety and the protection of vehicle occupants and vulnerable road users, is revoked.
Commission Implementing Regulation (EU) 2020/683: Articles
85.—(1) Commission Implementing Regulation (EU) 2020/683 is amended as follows.
(2) In Article 1 (templates for the information document)—
(a)in paragraph 1, in the opening words, for “EU type-approval” substitute “GB type-approval”;
(b)in paragraph 2, for “EU whole-vehicle” substitute “GB whole-vehicle”.
(3) In Article 2 (templates for EU type-approval certificates)—
(a)in the heading—
(i)for “EU” the first two times it occurs, substitute “GB”;
(ii)for “small” substitute “medium”;
(iii)omit “, and EU individual vehicle approval certificates”;
(b)for “an EU” each time it occurs, substitute “a GB”;
(c)omit paragraph 4.
(4) In Article 3—
(a)in the heading, omit “national” both times it occurs;
(b)for “small” substitute “medium”.
(5) In Article 4, omit “, 44(4)”.
(6) In Article 5 (model for the EU type-approval mark for components and separate technical units), including in the heading, for “EU type-approval” both times it appears, substitute “GB type-approval”.
Commission Implementing Regulation (EU) 2020/683: Annexes
86.—(1) The Annexes to Commission Implementing Regulation (EU) 2020/683 are amended as follows.
(2) In Annex I—
(a)in the explanatory notes—
(i)for the words in note (8), substitute “According to section 1 of the Automated and Electric Vehicles Act 2018 (c.18).”;
(ii)for the words in note (29), substitute “Commission Regulation (EU) No 1230/2012 of 12 December 2012 implementing Regulation (EC) No 661/2009 of the European Parliament and of the Council with regard to type-approval requirements for masses and dimensions of motor vehicles and their trailers and amending Directive 2007/46/EC of the European Parliament and of the Council (EUR 2012/1230).”;
(iii)in note (56), for the words “Regulation No 101” to the end, substitute “Regulation (EC) 715/2007 of the European Parliament and of the Council of 20 June 2007 on type approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6) and on access to vehicle repair and maintenance information (EUR 2007/715)”;
(iv)for the words in note (60), substitute “Regulation (EU) 2019/631 of the European Parliament and of the Council of 17 April 2019 setting CO2 emission performance standards for new passenger cars and for new light commercial vehicles, and repealing Regulations (EC) No 443/2009 and (EU) No 510/2011 (EUR 2019/631).”;
(v)omit note (61);
(vi)in notes (65) and (66), for “Commission Decision” substitute “document”;
(vii)in note (106), for “EU” substitute “GB”;
(viii)in notes (144)—
(aa)for “Commission Decision” substitute “Document”;
(bb)in the second sentence, for “Regulation (EC) No 443/2009 of the European Parliament and of the Council (OJ L 140. 5.6.2009, p. 1)” substitute “Regulation (EU) 2019/631 (EUR 2019/631)”;
(ix)in note (145), for “Commission Decision” substitute “document”;
(x)in note (147), for “Commission Implementing Regulation XX/XXX of …. on” substitute “this Regulation,”;
(xi)in note (151), for the words after “consist of” to the end, substitute “the two-digit codes for each individual eco-innovation, each separated by a blank space”;
(xii)in note (155), for the existing text substitute “The speedometer must be capable of showing both imperial and metric measures, at the choice of the driver, if they are not displayed simultaneously.”;
(xiii)in note (156)—
(aa)for “Member States” substitute “Secretary of State”;
(bb)for the words from “in a Member State” to the end, substitute “intended for use in right hand traffic”;
(b)in the Template for an information document for the EU type-approval of vehicle, systems, components or separate technical units—
(i)in the heading, for “EU” substitute “GB”;
(ii)in the opening paragraph, and on each other time it occurs, for “EU type-approval” substitute “GB type-approval”;
(iii)for point 1.11, substitute—
“1.11. Vehicle is designed to be capable, in at least some circumstances or situations, of safely driving itself: yes/no (4) (8).”;
(iv)in point 2.4.2.1.3, for “Article 9a of Council Directive 96/53/EC (29)” substitute “Appendix 5 of Annex I to Commission Regulation (EU) 1230/2019 (29)”;
(v)in point 2.6.4, for “Additional mass” substitute “Increase in mass”;
(vi)in point 3.5.6, for the words from “Article 12” to “N1 vehicles”, substitute “Article 11 of Regulation (EU) No 2019/631 of the European Parliament and of the Council (60)”;
(vii)in the table at point 3.5.6.3, in the heading of the first column, for “Decision” substitute “Document”;
(viii)in point 3.5.8, for the words from “Article 12” to “N1 vehicles”, substitute “Article 11 of Regulation (EU) No 2019/631 of the European Parliament and of the Council (60)”.
(3) In Annex II (template for an information document for whole vehicle step-by-step approval)—
(a)in the heading, for “EU” substitute “GB”;
(b)in the opening paragraph, for “EU type-approval” substitute “GB type-approval”;
(c)in Part III, in the fourth column of the table, omit “Member State or”.
(4) In Annex III (templates for approval certificates)—
(a)in point 1.2, omit the words from “(for approval” to “Greek characters)”;
(b)in point 1.3, in the second subparagraph—
(i)omit “national”, the first time it occurs;
(ii)for “National” substitute “GB” ;
(c)in points 1.4 and 1.5, for “EU” substitute “GB”;
(d)omit point 1.6;
(e)in point 1.7, omit “national”;
(f)in the template for Model A—
(i)in the heading and in the opening section—
(aa)for “EU vehicle” substitute “GB vehicle”;
(bb)for “EU whole” each time it occurs, substitute “GB whole”;
(cc)for “EU type-approval” each time it occurs, substitute “GB type-approval”;
(ii)after “Communication concerning granting/extension/refusal/withdrawal”—
(aa)in the second indent, for “Commission” substitute “approval authority”, and omit “in accordance with Article 39(3) thereof”;
(bb)omit the third indent;
(cc)in the fourth indent, for “small” substitute “medium”;
(dd)in the fifth indent, for “national” substitute “GB”;
(iii)in Section II—
(aa)for “EU type-approval” substitute “GB type-approval”;
(bb)in the heading before Part 2, for “EU VEHICLE” substitute “GB VEHICLE”;
(iv)in Part 2, for “EU type-approval”, each time it occurs, substitute “GB type-approval”;
(g)in the template for Model B—
(i)in the heading, and in the opening section, for “EU type-approval” substitute “GB type-approval”;
(ii)in the opening section, for “EU system”, each time it occurs, substitute “GB system”;
(iii)after “Communication concerning granting/extension/refusal/withdrawal”—
(aa)in the second indent, for “Commission” substitute “approval authority”, and omit “in accordance with Article 39(3) thereof”;
(bb)omit the third indent;
(iv)in the Addendum following Section II, for “EU type-approval” in the heading and in point 2, substitute “GB type-approval”;
(h)in the template for Model C—
(i)in the heading, for “EU” substitute “GB”;
(ii)in the opening section, for “EU component” each time it occurs, substitute “GB component”;
(iii)after “Communication concerning granting/extension/refusal/withdrawal”—
(aa)in the second indent, for “Commission” substitute “approval authority” and omit “in accordance with Article 39(3) thereof”;
(bb)omit the third indent;
(iv)in the following subparagraph, for “EU” substitute “GB”;
(v)in Section I, in point 0.7, for “EU” substitute “GB”;
(vi)in the Addendum following Section II, in the heading, for “EU” substitute “GB”;
(i)omit the template for Model D;
(j)in the template for Model E—
(i)in the heading, omit “national” both times it occurs;
(ii)in the row following the heading, for “e(4)” substitute “g11”;
(iii)in the text before Section I, omit “national” both times it occurs;
(iv)in Section I, in the text after point 0.10—
(aa)in the second paragraph, for “issuing Member State” substitute “approval authority”;
(bb)in the third paragraph, for “(name of the Member State)” substitute “Great Britain”;
(k)in Appendix 1—
(i)in the heading, omit “EU individual vehicle approval certificate and of the national”;
(ii)in the section relating to Category N2, in point 5.2, for “Article 9a of Directive 96/53/EC” substitute “Appendix 5 of Annex I to Commission Regulation (EU) 1230/2012”;
(iii)in the section relating to Category N3, in point 5.2, for “Article 9a of Directive 96/53/EC” substitute “Appendix 5 of Annex I to Commission Regulation (EU) 1230/2012”.
(5) In Annex IV (approval certificate numbering system)—
(a)for point 2.1, substitute—
“The lower-case letter ‘g’ is followed by the number 11.”;
(b)in point 2.2—
(i)for “an EU type-approval” both times it occurs, substitute “a GB type-approval”;
(ii)for “or Commission Implementing Regulation” substitute “, Commission Implementing Regulation or Statutory Instrument”;
(iii)after point (c), insert—
“(d)the number of the Statutory Instrument laying down the applicable requirements.”;
(c)in point 2.3—
(i)in the opening words—
(aa)for “or Commission Implementing Regulation” substitute “, Commission Implementing Regulation or Statutory Instrument”;
(bb)after “Regulation/Directive” both times it occurs, insert “/Statutory Instrument”;
(ii)in the second paragraph—
(aa)in the opening words and in point (a), for “an EU type-approval”, substitute “a GB type-approval”;
(bb)in point (a), for “small” substitute “medium”;
(cc)in point (b), omit “national”;
(dd)omit point (c);
(ee)in point (d), for “a national” substitute “an”;
(iii)in the third paragraph, for “Directive or Regulation” both times it occurs, substitute “Directive, Regulation or Statutory Instrument”;
(d)in point 2.4—
(i)for “an EU” both times it occurs, substitute “a GB”;
(ii)for “EU type-approval” substitute “GB type-approval”;
(iii)for “small series”, the first time it occurs, substitute “medium series”;
(iv)for “national” substitute “GB”;
(v)omit “EU individual vehicle approval or a national”;
(vi)for “Member States” substitute “Secretary of State”;
(e)in point 2.5, omit “EU individual vehicle approval and national”;
(f)in point 3.1—
(i)in the opening words, omit “granted by France”;
(ii)in points (a) to (d), at the beginning of the example approval certificate numbers, for “e2” substitute “g11”;
(g)in point 3.2—
(i)for “EU whole” substitute “GB whole”;
(ii)omit “by Ireland”;
(iii)at the beginning of the example number, for “e24” substitute “g11”;
(h)in point 3.3—
(i)for “an EU type-approval” substitute “a GB type-approval”;
(ii)for “small” substitute “medium”;
(iii)omit “by Luxembourg”;
(iv)at the beginning of the example number, for “e13” substitute “g11”;
(i)in point 3.4—
(i)omit “national”;
(ii)omit “by the Netherlands”;
(iii)at the beginning of the example number, for “e4” substitute “g11”;
(j)omit point 3.5;
(k)in point 3.6—
(i)“a national” substitute “an”;
(ii)omit “by Austria”;
(iii)at the beginning of the example number, for “e12” substitute “g11”;
(l)in point 4, in the second subparagraph, for “EU type-approval” substitute “GB type-approval”;
(m)in point 4.6.1—
(i)omit “by Germany”;
(ii)at the beginning of the example number, for “e1” substitute “g11”;
(n)in point 4.6.2—
(i)omit “by Croatia”;
(ii)at the beginning of the example number, for “e25” substitute “g11”.
(6) In Annex V (EU type-approval mark of components and separate technical units)—
(a)in the heading, and in point 1, for “EU type-approval” substitute “GB type-approval”;
(b)for point 1.1, substitute—
“1.1. A rectangle surrounding the lower-case letter ‘g’, followed by the number 11.”;
(c)in point 3—
(i)omit “by Belgium”;
(ii)for the image, substitute—
“
”
(d)in point 4—
(i)in the second subparagraph—
(aa)in the opening words, for “EU type-approvals” substitute “GB type-approvals”;
(bb)in the final sentence in point (b), for the words after “lower-case letter ‘e’” to the end, substitute “the lower-case letter ‘g’ shall be used, followed by the number 11”,
(ii)in the third subparagraph, omit “by Germany”;
(iii)for the image following the third subparagraph, substitute—
“
”
(7) In Annex VI (template for the test result sheet)—
(a)in the opening sentence, for “EU type-approval” substitute “GB type-approval”;
(b)in each table in point 4, in the heading of the first column, for “Decision” substitute “Document”.
(8) In Annex VII (format of test reports for type-approval), in paragraph 2, for the words from “one of the official languages” to the end, substitute “English”.
(9) In Annex VIII (certificate of conformity in paper format)—
(a)in point 1.4, omit the words in brackets;
(b)in Part 1 of the Appendix—
(i)in the Section relating to Model A1, in the text below point 0.11, for “can be permanently registered in Member States having” substitute “is suitable for”;
(ii)in the Section relating to Model A2, in the text below point 0.11, for “can be permanently registered in Member States having” substitute “is suitable for”;
(iii)in the Section relating to Model B, Part 1, in point 0.11(c), for “can be permanently registered in Member States having” substitute “is suitable for”;
(c)in Part 2 of the Appendix—
(i)in Vehicle Categories M2, M3, N2, and N3, in each case in point 5.2, for “complying with Article 9a of Directive 96/53/EC” substitute “complying with Appendix 5 of Annex I to Commission Regulation (EU) 1230/2012”;
(ii)in Vehicle Category O3 and O4, in point 17—
(aa)for the second sentence, substitute—
“Only for national traffic, the lower-case letter ‘g’ followed by the number 11”.
(bb)omit the third sentence.
Commission Implementing Regulation (EU) 2020/1812
87.—(1) Commission Implementing Regulation (EU) 2020/1812 is amended as follows.
(2) Omit Articles 1 (common secure electronic exchange system), 2 (security measures) and 3 (procedure for the exchange of type-approval information).
(3) In Article 4 (list of EU type-approvals)—
(a)In the heading, for “EU” substitute “GB”;
(b)in paragraph 1—
(i)for “Member States make” substitute “the Secretary of State makes”;
(ii)for “lists of EU type-approvals” substitute “list of GB type-approvals”;
(iii)omit “using ETAES”;
(iv)for “they shall” substitute “the Secretary of State must”;
(v)for “Member States shall” substitute “The Secretary of State must”;
(c)in paragraph 2—
(i)omit point (a);
(ii)for “EU type-approval”, each time it occurs, substitute “GB type-approval”;
(d)omit paragraph 3.
(4) After Article 5, omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”
EUR 2018/858.
EUR 2020/683.
EUR 2018/858, as amended by S.I. 2019/648, 2020/818 and 2020/1393.
EUR 2020/631.
EUR 2010/406.
OJ L 231, 26.8.2016, p. 41.
OJ L 183, 10.7.2015, p. 91.
OJ L 35, 8.2.2018, p. 1.
EUR 2011/19.
OJ L 292, 10.11.2010, p. 2.
OJ L 117, 6.4.2021, p. 1.
OJ L 151, 14.6.2018, p. 1.
OJ L 163, 26.5.2020, p. 1.
OJ L 8, 12.1.2011, p. 1.
OJ L 117, 6.4.2021, p. 1.
EUR 2012/1230.
OJ L 34, 9.2.2011, p. 2.
OJ L 117, 6.4.2021, p. 1.
OJ L 269, 26.10.2018, p. 36.
OJ L 52, 23.2.2018, p. 1.
OJ L 52, 23.2.2018, p. 1.
OJ L 42, 18.2.2016, p. 1.
OJ L 52, 23.2.2018, p. 1.
OJ L 230, 31.8.2010, p. 81.
OJ L 60, 2.3.2013, p. 1.
1988 (c. 52). Subsection (1A) (S.I. 2020/1393) was inserted, with (1B) and (1C), into section 55 by S.I. 2019/648, as amended by S.I. 2020/818 and 1393. Subsection (1D) is inserted by these Regulations.
OJ L 60, 2.3.2013, p. 52.
1988 (c. 52). Subsection (1A) was inserted, with (1B) and (1C), into section 55 by S.I. 2019/648, as amended by S.I 2020/818 and 1393.
OJ L 42, 23.2.1970, p. 16.
1988 c. 52. Subsection (1A) was inserted by S.I. 2019/648.
EUR 2016/679.
EUR 2016/679.
EUR 2019/631.
EUR 2007/715.
S.I. 1986/1078. Paragraphs 36A and 36B were inserted by S.I. 1988/271 and 1991/1527 respectively.
OJ L 172, 3.7.2015, p. 1.