European Commission spells out post-Brexit type-approval regime.

Manufacturers across the European Union may presently choose to obtain type approval from any appropriate issuing authority in the 28 States – and then place products on the market in all Member States.

The European Commission (EC) has concluded that this freedom ends for British manufacturers at Brexit – 30 March 2019 under a no-deal scenario - or the effective later Brexit date, if one can be agreed between the UK and the European Council acting on unanimity.

The EU-wide type approval framework has been in operation since 2007.  The consequences for UK manufacturing are that from midnight on 29 March 2019, in the absence of any special provisions, 'type-approvals' previously granted by the United Kingdom authority will no longer be ensured access to the EU market.

The scope covers: vehicles, systems, components and separate technical units.  With vehicles being defined as: motor vehicles and trailers; two- and three-wheeled vehicles and quadricycles; agricultural and forestry vehicles; and, engines for use in non-road mobile machinery.

Until Brexit, products that are type-approved by the United Kingdom may be placed into the European Union marketplace.

The proposal says that: “Nothing should prevent the manufacturer of a vehicle from applying on a voluntary basis for EU approval of a vehicle type previously approved in the United Kingdom”. 

But approval criteria will be against the current requirements applicable to new types.  The proposed regulation applies to parts needed to fulfil warranty and repair legal and contractual responsibilities.

The EU type-approval authorities may choose to accept previously submitted UK test results – or may request new tests be undertaken. 

Brexit Partners have worked through the thinking behind the EC proposal, its drafting and the responses received during the two short consultation periods.  Some 28 responses were received, in the main from trade associations, international manufacturers – and one citizen.

If you want to further assess the impact, risk and mitigations on your organisation, please contact us today.


Background

A comprehensive EU type-approval legislative framework was established by Directive 2007/46/EC of the European Parliament and the Council; Regulation (EU) No 167/2013 of the European Parliament and European Council2; Regulation (EU) No 168/2013 of the European Parliament and the Council; and Regulation (EU) 2016/1628 of the European Parliament and the Council.

This is enshrined in the Treaty on the Functioning of the European Union - and in particular Article 114.

The scope is set out in 4 Acts:

Directive 2007/46/EC concerning the type-approvals of motor vehicles and trailers;

Regulation (EU) No 168/2013 concerning the type-approval of two- and three-wheeled vehicles and quadricycles;

Regulation (EU) No 167/2013 concerning the type-approval of agricultural and forestry vehicles; and

Regulation (EU) 2016/1628 concerning the type-approval of engines for use in non-road mobile machinery.

 
John ShuttleworthComment