S.I. No. 201/2024 - European Union (Road Vehicles: Type - Approval and Market Surveillance) (Amendment) Regulations 2024

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 17th May, 2024.

I, EAMON RYAN, Minister for Transport, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) for the purpose of giving full effect to Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018¹ , as amended by Regulation (EU) 2019/2144 of the European Parliament and of the Council of 27 November 2019² , Regulation (EC) No 715/2007 of the European Parliament and of the Council of 20 June 2007³ and Regulation (EC) No 595/2009 of the European Parliament and of the Council of 18 June 2009⁴ , hereby make the following regulations:

1.

2.

3.

• (a) the substitution for the definition of “Framework Regulation” of the following definition:

“‘Framework Regulation’ means Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018¹ , as amended by Regulation (EU) 2019/2144 of the European Parliament and of the Council of 27 November 2019² , Commission Delegated Regulation (EU) 2021/1244 of 20 May 2021⁵ , Commission Delegated Regulation (EU) 2021/1445 of 23 June 2021⁶ and Commission Delegated Regulation (EU) 2022/2236 of 20 June 2022⁷ ; and includes its implementing measures, namely—

• (a) Commission Implementing Regulation (EU) 2020/683 of 15 April 2020⁸ ;

• (b) Commission Implementing Regulation (EU) 2020/1812 of 1 December 2020⁹ ;

• (c) Commission Implementing Regulation (EU) 2021/133 of 4 February 2021¹⁰ ; and

• (d) Commission Implementing Regulation (EU) 2022/163 of 7 February 2022¹¹ ”;

and

• (b) the insertion of the following definitions:

“‘defeat device’ means any element of design which senses temperature, vehicle speed, engine speed (RPM), transmission gear, manifold vacuum or any other parameter for the purpose of activating, modulating, delaying or deactivating the operation of any part of the emission control system, that reduces the effectiveness of the emission control system under conditions which may reasonably be expected to be encountered in normal vehicle operation and use;

‘defeat strategy’ means an emission control strategy that reduces the effectiveness of the emission controls under ambient or engine operating conditions encountered either during normal vehicle operation or outside the type-approval test procedures;

‘national small series type-approval’ means the national type-approval of vehicles produced in small series granted in accordance with Article 42 of the Framework Regulation;

‘pollution control device’ means those components of a vehicle that control or limit tailpipe emissions;

‘Regulation (EC) No 715/2007’ means Regulation No 715/2007 (EC) of the European Parliament and of the Council of 20 June 2007³ ;

‘Regulation (EC) No 595/2009’ means Regulation (EC) No 595/2009 of the European Parliament and of the Council of 18 June 2009⁴ ;

‘Regulation (EU) 2019/2144’ means Regulation (EU) 2019/2144 of the European Parliament and of the Council of 27 November 2019² ;

‘specially equipped vehicle’ is a vehicle that is adapted or specially constructed so as to enable a person with a disability to travel in the vehicle, whether as the driver or a passenger, in safety and reasonable comfort;”.

4.

• “(4A) Where the Approval Authority grants the application, it shall issue to the applicant a national individual vehicle approval certificate without delay.”.

5.

“Part 4A

Placing on the market – end of series vehicles

End-of-series vehicles

15A A manufacturer who wishes to benefit from Article 49 of the Framework Regulations shall submit a request in accordance with paragraph (3) of that Article to the Road Safety Authority being the competent authority for the purposes of that Article.”.

6.

“Authorised officers

1. (1) The Market Surveillance Authority may appoint a person to be an authorised officer for the purpose of the Framework Regulation and these Regulations.

2. (2) An authorised officer shall be furnished with a warrant of his or her appointment as an authorised officer.

3. (3) When exercising a power conferred on him or her under this Regulation, an authorised officer shall, if requested by a person thereby affected, produce the warrant of his or her appointment, or a copy of it, to that person and a form of personal identification.

4. (4) An appointment under paragraph (1) may be revoked at any time by the Market Surveillance Authority.

5. (5) An authorised officer may, for the purpose of ensuring that the Framework Regulation and these Regulations are being complied with, do any of the following:

   • (a) require any economic operator to produce the type-approval certificate or certificate of conformity to the authorised officer in respect of any vehicle, system, component or separate technical unit;

   • (b) enter at any reasonable time any premises or place, at which there are reasonable grounds to believe that any vehicle, system, component, separate technical unit, parts or equipment to which the Framework Regulation or these Regulations applies or apply are or are likely to be found, and search and inspect the premises or place and such vehicle, system, component, separate technical unit, parts or equipment found there and any type-approval certificates, certificates of conformity, books, documents or records relating to the type-approval, placing on the market, making available on the market or entry into service of any such vehicle, system, component, separate technical unit, parts or equipment;

   • (c) secure for later inspection any premises or place or part of it in which any such vehicle, system, component, separate technical unit, parts or equipment or any type-approval certificates, certificates of conformity, books, documents or records relating to the type-approval, placing on the market, making available on the market or entry into service of any such vehicle, system, component, separate technical unit, parts or equipment are kept or there are reasonable grounds for believing that such are kept;

   • (d) require any person in charge of the premises or place to produce to him or her any books, documents or records relating to the type-approval, placing on the market, making available on the market or entry into service of any vehicle, system, component, separate technical unit, parts or equipment which are in the person’s power or control (and in the case of such information in a non-legible form to reproduce it in a legible form) and to give to him or her such information as the authorised officer may reasonably require in relation to any entries in such books, documents or records;

   • (e) inspect and take extracts from or make copies of any such books, documents or records (including, in the case of information in a non-legible form, a copy of or extract from such information in a legible form);

   • (f) remove and retain such books, documents or records for such period as may be reasonable for further examination;

   • (g) require any person in charge of the premises or place to maintain such books, documents or records for such period of time, as may be reasonable, as he or she directs;

   • (h) require any person in charge of the premises or place to give him or her any information which he or she may reasonably require relating to the type-approval, placing on the market, making available on the market or entry into service of any vehicle, system, component, separate technical unit, parts or equipment;

   • (i) take without payment of compensation any necessary samples of any vehicle, system, component, separate technical unit, parts or equipment;

   • (j) carry out or have carried out on the sample so taken such analyses, examinations, tests and inspections as he or she considers necessary or expedient.

6. (6) Where an authorised officer in exercise of his or her powers under this Regulation is prevented from entering any premises or place, an application may be made under paragraph (8) for a warrant to authorise such entry.

7. (7) An authorised officer shall not, other than with the consent of the occupier, enter a private dwelling, unless he or she has obtained a warrant under paragraph (8) authorising such entry.

8. (8) If, on the sworn information of an authorised officer, a judge of the District Court is satisfied that there are reasonable grounds for suspecting that information required by an authorised officer for the purpose of the Framework Regulation or these Regulations is held at any premises or any place, the judge may issue a warrant authorising an authorised officer, accompanied, if appropriate, by other authorised officers and members of the Garda Síochána, at any time or times within one month from the date of issue of the warrant, on production of the warrant, if so requested, to enter those premises or that place, if need be by reasonable force, and exercise all or any of the powers conferred on an authorised officer under this Regulation.

9. (9) A person who –

   • (a) without reasonable excuse, fails or refuses to comply with any request or requirement made by an authorised officer,

   • (b) obstructs, impedes, interferes with or assaults an authorised officer in the exercise by that authorised officer of a power under this Regulation,

   • (c) gives to an authorised officer information that is false or misleading in a material respect, or

   • (d) alters, suppresses, or destroys any certificate, book, document or record which the person concerned has been required to produce, or reasonably expected to be required to produce, commits an offence and is liable on summary conviction to a class A fine.

   Manufacturers, etc. type- approval obligations —offences

   16A (1) Where—

   • (a) a manufacturer fails to comply with Article 13, 14 or 38,

   • (b) a manufacturer’s representative fails to comply with Article 15,

   • (c) an importer fails to comply with Article 16 or 17,

   • (d) a distributor fails to comply with Article 18 or 19, or

   • (e) an economic operator fails to comply with Article 21, of the Framework Regulation, he or she commits an offence.

10. (2) An economic operator who does any of the actions referred to in Article 84(2) or (3), or a technical service which does any of the actions referred to in Article 84(2), of the Framework Regulation, commits an offence.

11. (3) A manufacturer who—

    • (a) places on the market registers or enters into service a new vehicle, or

    • (b) places on the market enters into service a new system, component or separate technical unit, which is not type-approved in accordance with the requirements of Regulation (EU) 2019/21442 commits an offence.

12. (4) A manufacturer who fails to comply with Article 4 or 5 of Regulation (EC) No 715/20073 commits an offence.

13. (5) A person who uses a defeat device prohibited under Article 5 (2) of Regulation (EC) No 715/20073 commits an offence.

14. (6) A person who uses a defeat strategy prohibited under Article 5 (3) of Regulation (EC) No 595/20094 commits an offence.

15. (7) A person who sells or installs a new replacement pollution control device intended to be fitted on vehicles approved under Regulation (EC) No 715/20073 prohibited under Article 11 of that Regulation, if it is not of a type on respect of which a type approval has been granted in compliance with that Regulation and its implementing measures, subject to any extension granted by an approval authority in accordance paragraph (2) and the exemption in paragraph (3) of that Article, commits an offence.

16. (8) A manufacturer who fails to comply with the obligations of a manufacturer under Regulation (EC) No 595/20094 commits an offence.

17. (9) A manufacturer, repairer or operator who fails to comply with obligations concerning systems using a consumable reagent under Article 7 of Regulation (EC) No 595/20094 commits an offence.

18. (10) A person who sells or installs a new replacement pollution control device intended to be fitted on a vehicle approved under Regulation (EC) No 595/20094 and its implementing measures prohibited under Article 9 of that Regulation, if it is not of a type in respect of which type-approval has been granted in compliance with Regulation (EC) No 595/20094 and its implementing measures, commits an offence.

19. (11) A person who commits an offence under this Regulation is liable—

    • (a) on summary conviction, to a class A fine, or

    • (b) on conviction on indictment, to a fine not exceeding €250,000.”.

7.

• (a) by the deletion of paragraphs (1) to (4), and

• (b) by the substitution for paragraph (7) of the following:

• “(7) An offence under these Regulations may be brought and prosecuted summarily by the Market Surveillance or the Authority Approval Authority.”.

8.

9.

• (a) the European Communities (Road Vehicles: Type-Approval) Regulations 2009 ( S.I. No. 158 of 2009 ) insofar as it is not already revoked;

• (b) the European Communities (Road Vehicles: Type-Approval) (Amendment) Regulations 2010 ( S.I. No. 169 of 2010 );

• (c) the European Communities (Road Vehicles: Entry into Service) (Amendment) Regulations 2010 ( S.I. No. 170 of 2010 );

• (d) the European Communities (Road Vehicles: Entry into Service) (Amendment)Regulations 2011 ( S.I. No. 420 of 2011 );

• (e) the European Communities (Road Vehicles: Type-Approval) (Amendment) Regulations 2011 ( S.I. No. 422 of 2011 );

• (f) the European Communities (Road Vehicles: Type-Approval) (Amendment) Regulations 2013 ( S.I. No. 471 of 2013 );

• (g) the European Communities (Road Vehicles: Entry into Service) (Amendment) Regulations 2013 ( S.I. No. 475 of 2013 );

• (h) the European Communities (Road Vehicles: Entry into Service) (Amendment) Regulations 2017 ( S.I. No. 279 of 2017 );

• (i) the European Communities (Road Vehicles: Type Approval) (Amendment) Regulations 2017 ( S.I. No. 280 of 2017 );

• (j) the European Communities (Road Vehicles: Entry into Service) (Amendment) Regulations 2018 ( S.I. No. 264 of 2018 );

• (k) the European Communities (Road Vehicles: Type-Approval) (Amendment) Regulations 2019 ( S.I. No. 53 of 2019 ).

Regulation 8

Schedule

“Schedule 1

National Individual Vehicle Approval: Certain Varieties of Vehicle

1. This Schedule applies to a vehicle of a class that:

2. (1) falls within category M1 or N1; and

3. (2) which is:

   • (a) an amateur-built vehicle, within the meaning of section 3 of this Schedule;

   • (b) a vehicle manufactured in very low volume, within the meaning of section 4 of this Schedule;

   • (c) a motor caravan; or

   • (d) a hearse.

   • In this Schedule:

   “hearse” has the meaning given in paragraph 5.4 of Part A of Annex II to the Framework Regulation;

   “motor caravan” has the meaning given in paragraph 5.1 of Part A of Annex II to the Framework Regulation.

   1. (1) In this Schedule, a vehicle is an “amateur-built vehicle” if:

   2. (a) the vehicle was constructed or assembled for the personal use of a person (in this Schedule, “R”) who is a relevant individual, and

   3. (b) the whole, or a substantial part, of the construction, assembly or modification was carried out:

      • (i) by R,

      • (ii) by one or more relevant individuals acting on behalf, and under the direction, of R, or

      • (iii) by R and one or more relevant individuals acting on behalf, and under the direction, of R.

4. (2) For the purposes of this paragraph, a relevant individual in relation to a motor vehicle is an individual who does not, at any time during the period when the construction or assembly of the vehicle was being carried out, carry on a business in the course of which motor vehicles are normally constructed, assembled or modified.

5. (1) In this Schedule, a vehicle is a “vehicle manufactured in very low volume” if the condition in subparagraph (2) is satisfied.

6. (2) The condition is that the total number of vehicles of the family of types to which the vehicle in question belongs which are manufactured in the world during any period of 12 months falling within the period of 36 months immediately preceding the month in which the vehicle was manufactured does not exceed 300.

7. For the purpose of determining whether a multi-purpose vehicle falls into category M1 or N, if the manufacturer so requests a vehicle which has:

   • (a) 4 or more seats,

   • (b) a load area not exceeding 40% of its length, and

   • (c) a maximum technically permissible mass not exceeding 6500 kilogrammes, may be categorised as M1”

Schedule 2

Technical Requirements for the Granting of National Small Series Type-Approval and Extensions and National Individual Vehicle Approval

Technical Requirements for National Small Series Type-Approval for Category M1 and N1 Vehicles

(small series limit: for M1 or N1 is 250 vehicles per type per year)

Part 2 Technical Requirements for National Small Series Type-Approval for Category M2, M3, N2, N3 and O Vehicles

(small series limit: for M2, M3, N2, N3 and O is 250 vehicles per type per year)

To enable representative testing, the vehicle will be submitted in a presentable state and capable of being laden to maximum mass.

A manufacturer’s representative shall be present to enable access to all parts of the vehicle, to assist in explanation of features of that vehicle, and to cooperate in any testing.

Where a type of system has been altered at the subsequent stage of completion of the vehicle, to the extent that the system has to be retested for type-approval purposes, that retesting shall be limited to only those parts of the system that have been altered or affected by the changes.

Table 2: Technical Requirements for National Small Series Type-Approval for Category M2, M3, N2, N3 and O Vehicles

‘Alternative Technical Requirements’ means technical requirements in Regulation 6.