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The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022

Type Statutory-Instrument

Publication 2022-12-07

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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

(d) omit point 2.4.4;

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

(f) in Appendix 5—

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

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

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

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

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

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

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

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

(d) for point 3.2—

(i) for the first subparagraph, substitute—

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

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

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

(f) in point 4.5.4—

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

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

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

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

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

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

(k) in Appendix 1—

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

(ii) omit points 2 to 2.3;

(l) in Appendix 2—

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

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

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

(m) in Appendix 3—

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

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

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

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

(b) in point 2.1.2.2.5—

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

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

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

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

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

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

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

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

Commission Regulation (EU) No 65/2012

67

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

(2) In Article 4 (EC type-approval)—

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

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

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

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

(5) In Annex II—

(a) in Part 1 (information document)—

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

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

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

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

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

Commission Regulation (EU) No 130/2012

68

(1) Commission Regulation (EU) No 130/2012 is amended as follows.

(2) In Article 1 (scope), for “Annex II to Directive 2007/46/EC” substitute “Article 4 of Regulation (EU) 2018/858”.

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

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

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

(b) in paragraph 3—

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

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

(iii) for “A Member State” substitute “The approval authority”;

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

(a) omit “National authorities shall permit”;

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

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

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

(a) in Part 1 (information document)—

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

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

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

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

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

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

Commission Regulation (EU) No 347/2012

69

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

(2) In Article 1 (scope)—

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

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

(3) In Article 2 (definitions)—

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

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

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

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

(b) omit paragraphs 1 and 2;

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

(ii) for “EC” substitute “GB”;

(iii) omit “or national type approval”;

(d) in paragraph 4—

(i) for “national authorities” substitute “the Secretary of State”;

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

(e) in paragraph 5—

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

(ii) in points (a) and (c)—

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

(bb) omit “or national type approval”.

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

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

(b) in paragraph 3—

(i) for “an EC” substitute “a GB”;

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

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

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

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

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

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

(b) in Part 1 (information document)—

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

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

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

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

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

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

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

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

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

(ii) in words preceding Section I—

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

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

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

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

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

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

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

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

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

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

(g) omit Appendix 1 to Annex II;

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

Commission Regulation (EU) No 351/2012

70

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

(2) In Article 1 (scope)—

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

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

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

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

(b) in paragraph 3—

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

(ii) in the second subparagraph, for “A Member State” substitute “The approval authority”;

(d) after paragraph 4, insert—

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

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

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

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

(b) in the explanatory notes following Part 1—

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

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

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

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

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

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

(a) in point 2.2.3.1—

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

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

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

Commission Regulation (EU) No 1230/2012: Articles

71

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

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

(3) In Article 2 (definitions)—

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

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

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

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

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

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

(b) in paragraph 9—

(i) in the first subparagraph—

(aa) after “grant a” insert “GB”;

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

(ii) in the second subparagraph, for “A Member State” substitute “The approval authority”;

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

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

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

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

(i) for “an EC” substitute “a GB”;

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

(iii) for “A Member State” substitute “The approval authority”;

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

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

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

(b) for “an EC” substitute “a GB”.

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

(8) In Article 6 (derogations)—

(a) for paragraph 1, substitute—

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

(b) in paragraph 2—

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

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

(iii) omit the second subparagraph.

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

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

Commission Regulation (EU) No 1230/2012: Annexes

72

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

(2) In Annex I (technical requirements)—

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

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

(ii) omit point 1.1.3;

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

(iv) omit point 2.7.2.2;

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

(b) in Part B—

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

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

(iii) in point 2.1.3.2—

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

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

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

(dd) after the second subparagraph, insert—

‘AWR REGULATION 4 COMPLIANT – XXXX KG’

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

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

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

(ii) omit point 1.1.3;

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

(iv) in point 1.4.2—

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

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

(cc) after the second subparagraph, insert—

‘C&U REGULATION 7(3D) COMPLIANT’

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

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

(vi) in point 2.1.4.2—

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

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

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

or - ‘AWR REGULATION 4 COMPLIANT – XXXX KG’

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

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

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

(d) in Part D—

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

(ii) omit point 1.1.3;

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

(iv) in point 1.3, omit “, height”;

(e) in Appendix 2 to Annex I—

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

(ii) in point 2.2—

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

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

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

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

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

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

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

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

(4) In Annex V—

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

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

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

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

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

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

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

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

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

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

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

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

(bb) for note (e) substitute—

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

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

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

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

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

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

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

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

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

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

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

(v) in the Addendum—

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

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

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

(dd) after point 1.1, insert—

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

(ee) for points 1.2 and 1.3, substitute—

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(iii) for point 1.1, substitute—

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

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

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

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

(vii) for figure 1, substitute—

[image omitted]

(viii) in the explanatory note—

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

(bb) omit “by Romania”.

Regulation (EU) No 167/2013

73

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

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

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

(b) after paragraph 1, insert—

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

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

Regulation (EU) No 168/2013

74

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

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

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

(b) after paragraph 1, insert—

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

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

Regulation (EU) No 540/2014: Articles

75

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

(2) In Article 1 (subject matter)—

(a) for “EU” substitute “GB”;

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

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

(4) In Article 3 (definitions)—

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

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

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

(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”;

(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[^f00129] 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—

The Secretary of State may by regulations amend Annexes I, IV, VIII and X to take account of technical developments. (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—

[image omitted]

(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;

(3) A type of vehicle which was subject to an approval under section 55(1A) or (1D) of the Road Traffic Act 1988[^f00130] 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”;

(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”;

(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[^f00132], Regulation (EU) 2016/679[^f00133] and the Privacy and Electronic Communications (EC Directive) Regulations 2003[^f00134];

(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”;

(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”;

(8) For Article 8 (exercise of the delegation), substitute—

(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”;

(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”;

(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”;

(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[^f00135] and the Privacy and Electronic Communications (EC Directive) Regulations 2003[^f00136]”;

(bb) for “Article 7(d) of Directive 95/46/EC” substitute “Article 6(1)(d) of Regulation (EU) 2016/679[^f00137]”;

(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—

[image omitted]

(bb) in the explanatory note following “figure 1”, for “EC” substitute “GB”, omit “by Bulgaria”, and for “0046” substitute “00026”;

(cc) in figure 2, for the image, substitute—

[image omitted]

(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;

(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;

(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”;

(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”;

(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”;

(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”;

(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[^f00138]”;

(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[^f00139]”;

(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[^f00140]”;

(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”;

(i) in the fourth row (country of registration), omit “(in EU only)”;

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