Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL complementing EU type-approval legislation with regard to the withdrawal of the United Kingdom from the Union
Date: 2018-06-04
Institutions: Directorate-General for Internal Market, Industry, Entrepreneurship and SMEs, European Commission
Subjects: United Kingdom, application of EU law, approval, seat of institution, technical standard, vehicle, withdrawal from the EU

EN 

  EN 

   EUROPEAN COMMISSION  Brussels, 4.6.2018 COM(2018) 397 final 2018/0220 (COD)  Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL complementing EU type-approval legislation with regard to the withdrawal of the United Kingdom from the Union  (Text with EEA relevance)  
 
EXPLANATORY MEMORANDUM 

1. 

• 

CONTEXT OF THE PROPOSAL 

Reasons for and objectives of the proposal 

The  United  Kingdom  on  29  March  2017  submitted  the  notification  of  its  intention  to 
withdraw from the Union pursuant to Article 50 of the Treaty on European Union. This means 
that,  unless a ratified withdrawal  agreement establishes  another  date, all Union primary and 
secondary  law  will  cease  to  apply  to  the  United  Kingdom  from  30  March  2019,  ('the 
withdrawal date').  The United Kingdom will then become a third country.  

Subject  to  any  transitional  arrangement  that  may  be  contained  in  a  possible  withdrawal 
agreement, the EU legislative framework governing type approval  for a number of products 
will no longer apply to the United Kingdom as of the withdrawal date, notably: 

 

 

 

 

Directive  2007/46/EC  concerning  the  type-approvals  of  motor  vehicles  and 
trailers  (to  be  replaced  by  a  Regulation  which  will  be  applicable  as  from  1 
September 2020);  

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.  

This  also  means  that  the  United  Kingdom  type-approval  authority  will  cease  to  be  an  EU 
type-approval authority and will no longer be able to fulfil any of the powers and obligations 
of a type-approval authority under EU legislation. Manufacturers who obtained approvals in 
the  United  Kingdom  in  the  past  will  thus  need  to  obtain  new  approvals  from  EU-27  type 
approval  authorities,  including  for  products  already  in  production,  in  order  to  ensure 
continued compliance with EU legislation and retain access to the Union market. 

While  the  legal  framework  for  these  products  sets  procedural  requirements  harmonising  the 
way in which type-approvals are granted across the EU, some safeguards make it difficult for 
relevant  manufacturers  to  take  the  necessary  measures  to  ensure  regulatory  compliance  and 
business continuity after the EU acquis ceases to apply to the United Kingdom. 

For  example,  the  EU  type-approval  system  allows  manufacturers  to  choose  freely  the  type-
approval  authority  to  which  they  submit  their  type-approval  applications.  However,  it  does 
not  allow  for  the  change  of  the  authority  once  an  approval  has  been  granted,  and  it  is  not 
possible  for  one  authority  to  amend  the  approval  issued  by  another  authority.  Equally,  the 
type-approval legislation requires that a type-approval authority may only accept test reports 
from  technical  services  which  the  Member  State  to  whom  it  belongs  has  previously 
designated and notified to the Commission. Furthermore, it is a fundamental principle of the 
type approval system that a product may only be approved against the requirements applicable 
to new types (as opposed to new vehicles) at the time when the approval is granted. Finally, 
once  the  United  Kingdom  type-approval  authority  has  ceased  to  be  an  EU  type-approval 
authority, it can no longer ensure the conformity of production and in service conformity of 
products already  in circulation. A responsible type-approval  authority is also needed for the 
recall of a product that is not in conformity with safety or environmental requirements. 

EN 

1 

  EN 

These issues create significant legal uncertainty for manufacturers with United Kingdom type-
approvals. The present proposal aims to address them by modifying temporarily and in a very 
targeted  manner  the  existing  rules  to  allow  concerned  manufacturers  to  obtain  new  EU-27 
approvals that replace their existing UK type-approved products. The proposal:  

 

 

 

 

Explicitly  allows  concerned  manufacturers  to  apply  to  an  EU-27  type-approval 
authority for new approvals for existing types; 

Allows  that  tests  underpinning  the  UK  type  approvals  do  not  have  to  be  repeated 
because  the  technical  service  was  not  designated  and  notified  by  the  EU-27  type 
approval authority before; 

Provides  that  such  approvals  may  be  granted  if  the  requirements  for  new  vehicles, 
systems, components and separate technical units are met rather than those for new 
types; 

Proposes to help identify new type-approval authorities for those products already on 
the market prior to the withdrawal, to avoid that no authority would be in charge of 
carrying out in-service conformity checks or issuing a possible future recall.  

The provisions proposed in the proposal will not lower the requirements regarding the safety 
or  environmental  performance  of  the  vehicles,  systems,  components  or  separate  technical 
units. It will not grant any advantages to manufacturers with UK type-approvals, compared to 
manufacturers  with  EU-27  type-approvals.  On  the  contrary,  the  initiative  will  simply  allow 
manufacturers  to  continue  producing  their  products  in  compliance  with  applicable  legal 
requirements  without  interrupting  their  existing  production,  which  could  have  caused 
significant  social  and  economic  impacts.  In  facilitating  manufacturers’  compliance  with  EU 
law, the initiative will also ensure the protection of consumers and citizens. 

  • 

Consistency with existing policy provisions in the policy area 

This  proposal  will  be  lex  specialis  to  the  four  acts  listed  in  its  scope  only  to  the  extent  it 
deviates from them; the general provisions of these acts will otherwise continue to apply. This 
proposal is thus fully consistent with the existing legislation.  

• 

Consistency with other Union policies 

This  proposal  is  fully  consistent  with  the  Council  mandate  for  the  negotiations  with  the 
United Kingdom on its withdrawal from the Union. 

2. 

• 

LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY 

Legal basis 

The legal basis of the proposal is Article 114 of the Treaty on the Functioning of the European 
Union (TFEU). 

• 

Subsidiarity (for non-exclusive competence)  

As the proposed act would complement four Union acts and modify their content, this could 
only be achieved through action at Union level and not through action at Member-State level. 

• 

Proportionality 

The proposal is considered proportionate as it provides for the necessary legal change and at 
the  same  time  does  not  go  beyond  what  it  necessary  to  achieve  the  objectives  of  allowing 

EN 

2 

  EN 

manufacturers with United Kingdom type-approvals to comply with type-approval legislation. 
It provides for the necessary legal conditions to uphold, to the extent possible, a level playing 
field among manufacturers.  

 • 

Choice of the instrument 

Given that the act defines specific rules to address a very specific and one-off situation, it will 
exceptionally not modify these acts, but apply as a stand-alone act for a limited duration. As 
three  of  the  concerned  acts  are  regulations  and  one  is  a  directive  (soon  to  be  replaced  by  a 
regulation applicable as of 1 September 2020), a regulation seems the only adequate form of 
act,  which  allows  Member  States  to  deviate  from  the  otherwise  applicable  relevant  general 
rules. A regulation also best responds to the urgency of the matter. 

3. 

• 

• 

RESULTS 
CONSULTATIONS AND IMPACT ASSESSMENTS 

EX-POST 

EVALUATIONS, 

OF 

STAKEHOLDER 

Ex-post evaluations/fitness checks of existing legislation 

Not applicable. 

Stakeholder consultations 

The  challenges  arising  for  type-approval  from  the  United  Kingdom’s  withdrawal 
from  the  EU  were  raised  and  discussed  at  several  meetings  with  Member  States. 
They  were  also  brought  to  the  attention  of  the  Commission  by  manufacturers  and 
associations representing them. 

Stakeholders had the possibility to provide feedback on  the initiative via the Better 
Regulation portal (“Have your say”) of the European Commission.  

During  the  feedback  period  from  26  April  2018  to  10  May  2018,  15  stakeholders 
provided comments, among them nine European stakeholder associations, three UK 
associations,  two  manufacturers and  one  citizen.  The  intention  to  create  more  legal 
certainty  was  generally  appreciated.  Several  comments  concerned  issues  of  a 
horizontal nature for all types of goods, the ongoing negotiations on the withdrawal 
agreement  and  the  future  relationship  of  the  Union  with  the  United  Kingdom.  The 
feedback was taken into consideration in the preparation of the proposal as relevant.  

• 

Collection and use of expertise 

Oral and written feedback from manufacturers and Member States, see above. 

A  legal  analysis  of  the  type-approval  legislation  underpinning  two  notices  to 
stakeholders: Guidance to stakeholders on impact on type-approval of motor vehicles 
of  8  February  2018  and  Guidance  to  stakeholders  on  impact  on  type-approval  of 
certain vehicles and engines of 28 March 2018. 

• 

• 

Impact assessment 

Not applicable. 

Fundamental rights 

This proposal has no consequences for the protection of fundamental rights 

EN 

3 

  EN 

4. 

BUDGETARY IMPLICATIONS 

5. 

• 

Not applicable. 

OTHER ELEMENTS 

Implementation plans and monitoring, evaluation and reporting arrangements 

Not applicable. 

EN 

4 

  EN 

2018/0220 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

complementing EU type-approval legislation with regard to the withdrawal of the 
United Kingdom from the Union 

(Text with EEA relevance) 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 114 thereof, 

Having regard to the proposal from the European Commission, 

After transmission of the draft legislative act to the national parliaments, 

Having regard to the opinion of the European Economic and Social Committee, 

Acting in accordance with the ordinary legislative procedure, 

Whereas: 

(1) 

(2) 

On 29 March 2017, the United Kingdom submitted the notification of its intention to 
withdraw  from  the  Union  pursuant  to  Article  50  of  the  Treaty  on  European  Union. 
This  means that,  unless a ratified withdrawal agreement or  the European Council, in 
agreement with the United Kingdom, unanimously establishes another date, Union law 
will cease to apply to the United Kingdom from 30 March 2019. The United Kingdom 
will then become a third country. 

 A  comprehensive  EU  type-approval  legislative  framework  was  established  by 
Directive 2007/46/EC of the European Parliament and the Council1, Regulation (EU) 
No  167/2013  of  the  European  Parliament  and  the  Council2,  Regulation  (EU)  No 
168/2013  of  the  European  Parliament  and  the  Council3  and  Regulation  (EU) 
2016/1628 of the European Parliament and the Council4. 

(3) 

Those acts leave to manufacturers the choice of the authority from which to obtain a 
type-approval that allows them to place products on the market in all Member States. 

1 

2 

3 

4 

Directive 2007/46/EC of the European Parliament and of the Council of 5 September 2007 establishing 
a  framework  for  the  approval  of  motor  vehicles  and  their  trailers,  and  of  systems,  components  and 
separate technical units intended for such vehicles (OJ L 261, 9.10.2007, p. 1). 
Regulation (EU) No 167/2013 of the European Parliament and of the Council of 5 February 2013 on the 
approval and market surveillance of agricultural and forestry vehicles (OJ L 60, 2.3.2013, p. 1). 
Regulation (EU) No 168/2013 of the European Parliament and of the Council of 15 January 2013 on the 
approval and market surveillance of two-or three-wheel vehicles and quadricycles (OJ L 60, 2.3.2013, 
p. 52). 
Regulation (EU) 2016/1628 of the European Parliament and of the Council of 14 September 2016 on 
requirements relating to gaseous and particulate pollutant emission limits and type-approval for internal 
combustion  engines  for  non-road  mobile  machinery,  amending  Regulations  (EU)  No  1024/2012  and 
(EU) No 167/2013, and amending and repealing Directive 97/68/EC (OJ L 252, 16.9.2016, p. 53). 

EN 

5 

  EN 

 
                                                 
(4) 

(5) 

(6) 

(7) 

(8) 

(9) 

The withdrawal of the United Kingdom from the Union would, in the absence of any 
special provisions, have the effect that type-approvals previously granted by the type-
approval authority of the United Kingdom could no longer ensure access to the Union 
market. Such approvals are also held by manufacturers established within the Member 
States  other  than  the  United  Kingdom.  While  vehicles,  systems,  components  and 
separate technical units type-approved by the United Kingdom may be placed on the 
Union  market  until  Union  law  ceases  to  apply  to  and  in  the  United  Kingdom,  it  is 
necessary to establish special provisions for the purposes of facilitating the placing on 
the Union market of those products after that date. 

Currently,  the  Union  legislation  does  not  provide  for  the  possibility  to  re-approve 
types  already  approved  elsewhere  in  the  Union.  However,  manufacturers  should  be 
able  to  continue  the  production  of  vehicles,  systems,  components  and  separate 
technical  units previously based on types-approvals granted by the United Kingdom, 
and to continue to place such products on the Union market. It is therefore necessary 
to  allow  manufacturers  to  obtain  new  approvals  from  authorities  within  the  Member 
States of the Union other than the United Kingdom.  

This  Regulation  should  also  ensure  that  manufacturers  continue  to  have  the  greatest 
possible  freedom  to  choose  the  new  approval  authority.  In  particular,  that  choice  by 
the  manufacturer  should  not  be  dependent  on  the  consent  of  the  type-approval 
authority  of  the  United  Kingdom  or  the  existence  of  any  arrangements  between  the 
type-approval authority of the United Kingdom and the new type-approval authority. 

In order to provide the necessary legal certainty for all stakeholders concerned and to 
ensure  a  level-playing  field  for  manufacturers,  it  is  necessary  to  lay  down,  in  a 
transparent manner, equal conditions applicable in all Member States.  

In order to enable the continued production and placing on the market of the vehicles, 
systems,  components  and  separate  technical  units,  the  requirements  with  which  such 
types are to comply in order to be approved by the authority of a Member State of the 
Union other than the United Kingdom should be those applicable to the placing on the 
market  of  new  vehicles,  systems,  components  and  separate  technical  units  and  not 
those applicable to new types. 

The requirements for new vehicles, systems, components and separate technical units 
are  likewise  applicable  to  manufacturers  holding  type-approvals  granted  by  the 
Member States other than the United Kingdom. Setting the same requirements for the 
approval  of  types  under  this  Regulation  and  for  the  placing  on  the  market  of  new 
vehicles, systems, components and separate technical units thus aims at ensuring equal 
treatment  of  manufacturers  affected  by  the  withdrawal  of  the  United  Kingdom  and 
those  holding  type-approvals  granted  by  Member  States  other  than  the  United 
Kingdom. 

(10)  Nothing in this Regulation should prevent the manufacturer of a vehicle from applying 
on a voluntary basis for a Union approval of a vehicle type previously approved in the 
United  Kingdom  against  certain  requirements  applicable  to  new  types  of  systems, 
components  or  separate  technical  units  where  the  type  of  vehicle  remains  otherwise 
identical to the one approved in the United Kingdom.  

(11)  Approvals sought for entirely new types of vehicles, systems, components or separate 

technical units should not fall within the scope of this Regulation.  

(12) 

It should be possible for type-approvals granted on the basis of this Regulation to be 
based on test reports already presented for the purposes of obtaining the approvals in 

EN 

6 

  EN 

the United Kingdom, where the requirements being the basis of such test reports have 
not  changed.  In  order  to  allow  for  such  continued  use  of  test  reports  issued  by  the 
technical service notified by the United Kingdom, this Regulation should provide for 
an exemption from the requirement that such technical service must be designated by 
the authority granting the type-approval and notified to the Commission.  In order to 
also  cover  the  time  when  Union  law  has  ceased  to  apply  to  and  in  the  United 
Kingdom,  this  Regulation  should  also  provide  for  an  exemption  from  the  specific 
requirements concerning the designation and notification of technical services of third 
countries.  

(13)  At  the  same  time,  since  type-approval  authorities  are  to  be  fully  responsible  for  the 
new  approvals  they  grant,  they  should  have  the  discretion  to  require  new  tests  to  be 
carried out for any element of the approval they see fit. 

(14) 

(15) 

Insofar as this act does not provide otherwise, the general rules on EU type-approval 
should continue to apply. 

It should be taken into account that the role attributed to type-approval authorities does 
not end with the production or placing on the market of a vehicle, system, component 
or  a  separate  technical  unit,  but  extends  over  several  years  after  the  placing  on  the 
market of those products. This applies especially with regard to in-service conformity 
obligations for vehicles falling under Directive 2007/46/EC and with regard to repair 
and  maintenance  information  obligations,  potential  recalls  for  vehicles,  systems, 
components  and  separate  technical  units  falling  under  Directive  2007/46/EC, 
Regulation  (EU)  No  167/2013,  Regulation  (EU)  No  168/2013  or  Regulation  (EU) 
2016/1628.  It  is  therefore  necessary  that  the  authority  granting  the  type-approval  in 
accordance  with  this  Regulation  takes  on  those  obligations  also  with  respect  to 
vehicles, systems, components and separate technical units based on the same type and 
already placed on the market in the Union on the basis of the type-approval granted in 
the United Kingdom to ensure that there is a responsible type-approval authority.  

(16)  For the same reasons, it is also necessary that a Union type-approval authority takes on 
certain  obligations  with  respect  to  vehicles,  systems,  components  and  separate 
technical  units  that  were  placed  on  the  market  in  the  Union  on  the  basis  of  type-
approvals granted by the United Kingdom that are either no longer valid pursuant to 
Article  17  of  Directive  2007/46/EC,  Article  32  of  Regulation  (EU)  No  167/2013, 
Article  37  of  Regulation  (EU)  No  168/2013  or  Article  30  of  Regulation  (EU) 
2016/1628 or for which no type-approval is sought under this Regulation. To ensure 
that there is a responsible type-approval authority, manufacturers should be required to 
request the authority approving types previously approved in the United Kingdom to 
assume  obligations  regarding  recalls,  repair  and  maintenance  information  and  in-
service  conformity  checks  with  respect  to  its  vehicles,  systems,  components  and 
separate technical unit based on other types and already placed on the Union market. 
To limit the extent of the obligations taken on by the Union  type-approval authority, 
those obligations should only concern products based on UK type-approvals that were 
granted after 1 January 2008.  

(17)  Since the objective of this Regulation, namely to complement Directive 2007/46/EC, 
Regulation  (EU)  No  167/2013,  Regulation  (EU)  No  168/2013  and  Regulation  (EU) 
2016/1628 with special rules relating to the withdrawal of the United Kingdom from 
the  Union,  cannot  be  sufficiently  achieved  by  the  Member  States  but  can  rather,  by 
reason  of  the  scale  and  effects  of  those  rules,  be  better  achieved  at  Union  level,  the 
Union may adopt measures in accordance with the principle of subsidiarity as set out 

EN 

7 

  EN 

in  Article  5  of  the  Treaty  on  European  Union.  In  accordance  with  the  principle  of 
proportionality as set out in that Article, this Regulation does not go beyond what is 
necessary in order to achieve that objective.  

(18) 

In  order  to  allow  manufacturers  to  take  the  necessary  measures  to  prepare  without 
delay  for  the  withdrawal  of  the  United  Kingdom  with  regard  to  type-approval 
legislation,  this  Regulation  should  enter  into  force  on  the  third  day  following  its 
publication. 

HAVE ADOPTED THIS REGULATION: 

Article 1 
Subject matter 

This  Regulation  complements  Directive  2007/46/EC,  Regulation  (EU)  No  167/2013, 
Regulation  (EU)  No  168/2013  and  Regulation  (EU)  2016/1628  by  establishing  special 
provisions  for  the  EU  type-approval  and  the  placing  on  the  market  of  vehicles,  systems, 
components  and  separate  technical  units  which  have  been  type-approved  by  the  approval 
authority  of  the  United  Kingdom  before  the  day  Union  law  ceases  to  apply  to  and  in  the 
United Kingdom  ('UK type-approval authority'). 

Article 2 
Scope 

1. This Regulation shall apply to vehicles, systems, components and separate technical units 
which  fall  within  the  scope  of  Directive  2007/46/EC,  Regulation  (EU)  No  167/2013, 
Regulation (EU) No 168/2013 or Regulation (EU) 2016/1628 and their types which have been 
approved  by  the  UK  type-approval  authority  on  the  basis  of  those  acts  or  any  act  listed  in 
Annex IV to Directive 2007/46/EC or any act repealed by those acts.  

2. References to separate technical units under this Regulation shall be understood as covering 
references to engines under Regulation (EU) 2016/1628. 

Article 3 

Definitions 

For the purposes of this Regulation, the following definitions shall apply: 

(1) 

(2) 

(3) 

'Union  type-approval  authority'  means  a  type-approval  authority  of  a  Member  State 
other than the United Kingdom;  

'UK  type-approval'  means  an  EU  or  EC  type-approval  granted  by  the  UK  type-
approval authority; 

'Union  type-approval'  means  an  EU  type-approval  granted by  a  Union  type-approval 
authority in accordance with this Regulation. 

EN 

8 

  EN 

 
 
 
Article 4 

 Application for a Union type-approval  

1.  By  way  of  derogation  from  Article  6(6)  of  Directive  2007/46/EC,  Article  21(2)  of 
Regulation  (EU)  No  167/2013,  Article  26(2)  of  Regulation  (EU)  No  168/2013  and  Article 
20(1) of Regulation (EU) 2016/1628, a manufacturer holding a UK type-approval that has not 
become invalid pursuant to Article 17 of Directive 2007/46/EC, Article 32 of Regulation (EU) 
No 167/2013, Article 37 of Regulation (EU) No 168/2013 or Article 30 of Regulation (EU) 
2016/1628  may,  before  the  day  when  Union  law  ceases  to  apply  in  and  to  the  United 
Kingdom, apply with a Union type-approval authority for a Union approval of the same type.  

2. In order to be approved, the type must comply at least with the requirements for the placing 
on  the  market,  registration  or  entry  into  service  of  new  vehicles,  systems,  components  or 
separate technical units applicable at the time when the Union type-approval takes effect.   

3. By submitting the application pursuant to paragraph 1, the manufacturer shall be liable to 
pay adequate fees for any costs resulting from the exercise of the powers and the fulfilment of 
the obligations of the Union type-approval authority in relation to the Union type-approval. 

Article 5 

Conditions for the granting of a Union type-approval and its effects 

1. By way of derogation from Article 8(2), Article 9(1)(a) and paragraphs 1 and 2 of Article 
10 of Directive 2007/46/EC, Article 6(2) of Regulation (EU) No 167/2013, Article 7(2) and 
18  of  Regulation  (EU)  No  168/2013  and  Article  6(2)  of  Regulation  (EU)  2016/1628,  the 
Union type-approval authority which has received an application in accordance with Article 4 
of  this  Regulation  may  grant  a  Union  type-approval  with  respect  to  a  vehicle,  system, 
component or separate technical unit if that type meets, at the time when the approval takes 
effect,  at  least  all  the  requirements  applicable  for  the  placing  on  the  market,  registration  or 
entry into service of new vehicles, systems, components or separate technical units.   

2.  Insofar  as  no  new  requirements  are  applicable  and  without  prejudice  to  paragraph  3,  the 
Union  type-approval  may  be  granted  on  the  basis  of  the  same  test  reports  which  had 
previously  been  used  for  the  granting  of  the  UK  type-approval  in  accordance  with  the 
applicable  provisions,  regardless  of  whether  the  technical  service  that  issued  the  test  report 
has  been  designated  and  notified  by  the  Member  State  of  the  Union  type-approval  in 
accordance with  Directive 2007/46/EC, Regulation (EU) No 167/2013, Regulation (EU) No 
168/2013 or Regulation (EU) 2016/1628, even after Union law ceases to apply to and in the 
United Kingdom.  

3. Before granting a Union type-approval, the Union type-approval authority may request the 
repetition  of  specific  tests.  In  that  case  the  test  must  be  carried  out  by  a  technical  service 
which  has  been  designated  and  notified  by  the  Member  State  of  the  Union  type-approval 
authority  in  accordance  with  Directive  2007/46/EC,  Regulation  (EU)  No  167/2013, 
Regulation (EU) No 168/213 or Regulation (EU) 2016/1628.  

EN 

9 

  EN 

  
4.  The  type  approved  in  accordance  with  paragraph  1  shall  receive  an  EU  type-approval 
certificate with a number consisting of the distinguishing number of the Member State whose 
type-approval authority granted the Union type-approval and of the number of the applicable 
act  referred  to  in  Article  2(1).  It  shall  also  include  the  number  of  the  latest  amending  act 
containing requirements for type-approval in accordance with which the Union type-approval 
is granted. For vehicles, the type-approval certificate and the certificate of conformity shall, 
under 'Remarks:', contain the mention "Previously type-approved as" and refer to the number 
of  the  type-approval  certificate  received  following  the  UK  type-approval.  For  systems, 
components or separate technical units, the type-approval certificate shall contain the mention 
"Previously  type-approved  and  marked  as"  and  refer  to  the  marking  received  following  the 
UK type-approval. 

5.  The  Union  type-approval  shall  take  effect  on  the  day  of  its  granting  or  on  a  later  date 
determined  therein.  The  UK  type-approval  becomes  invalid  at  the  latest  as  of  the  day  the 
Union type-approval takes effect. 

6. A Union type-approval shall be considered an EC or EU type-approval within the meaning 
of Directive 2007/46/EC or any act listed in Annex IV to that Directive, Regulation (EU) No 
167/2013,  Regulation  (EU)  No  168/2013  or  Regulation  (EU)  2016/1628.  All  provisions  of 
those  acts  not  derogated  from  in  this  Regulation  shall  continue  to  apply.    The  Union  type-
approval authority shall take full responsibility for the obligations stemming from the Union 
type-approval.  

The  Union  type-approval  authority  shall  also,  as  from  the  date  of  effect  of  the  Union  type-
approval,  exercise  all  the  powers  and  fulfil  all  the  obligations  of  the  UK  type-approval 
authority  with  respect  to  all  vehicles,  systems,  components  or  separate  technical  units 
produced on the basis of the UK type-approval and already placed on the market, registered or 
in service in the Union. This shall not cover any liability for any acts or omissions attributable 
to the UK type-approval authority. 

 Article 6 

Union type-approval authority responsible for vehicles, systems, components or separate 
technical units of types not approved under this Regulation  

1. When applying for type-approval under Article 4, a manufacturer shall request the Union 
type-approval  authority  in  question  to  take  over  the  obligations  of  the  UK  type-approval 
authority for vehicles, systems, components or separate technical units placed on the market, 
registered  or  in  service  in  the  Union  on  the  basis  of  UK  type-approvals  that  have  become 
invalid  pursuant  to  Article  17  of  Directive  2007/46/EC,  Article  32  of  Regulation  (EU)  No 
167/2013,  Article  37  of  Regulation  (EU)  No  168/2013  or  Article  30  of  Regulation  (EU) 
2016/1628, or for which no Union type-approval is sought under Article 5 of this Regulation.  

Such request shall be made for all vehicles, systems, components and separate technical units 
based on UK type-approvals held by the manufacturer that were granted after 1 January 2008 
unless  the  manufacturer  presents  proof  to  the  Union  type-approval  authority  that  it  has  an 

EN 

10 

  EN 

agreement  with  another  Union  type-approval  authority  covering  those  vehicles,  systems, 
components and separate technical units. 

2.  The  Union  type-approval  authority  may  only  grant  a  Union  type-approval  in  accordance 
with  Article  5  after  it  has  accepted  the  request  made  pursuant  to  paragraph  1  and  after  the 
manufacturer has agreed to cover the costs that the Union type-approval authority may incur 
as  a  result  of  exercising  its  powers  and  fulfilling  its  obligations  in  respect  of  the  vehicles, 
systems, components and separate technical units concerned.  

3. After accepting the request referred to in paragraph 1 and issuing the Union type-approval 
in accordance with Article 5, the Union type-approval authority shall exercise all the powers 
and  fulfil  all  the  obligations  of  the  UK  type-approval  authority  with  respect  to  all  vehicles, 
systems,  components  or  separate  technical  units  produced  on  the  basis  of  the  UK  type-
approvals referred to in paragraph 1 regarding recalls, repair and maintenance information and 
in-service  conformity  checks.  This  shall  not  cover  any  liability  for  any  acts  or  omissions 
attributable to the UK type-approval authority. 

4. The Union type-approval authority shall inform the type-approval authorities of the other 
Member  States  and  the  Commission  of  the  types  for  which  it  accepted  to  take  over  the 
obligations of the UK type-approval authority in accordance with paragraph 1. 

Article 7 

Entry into force and application 

This Regulation shall enter into force on the third day following that of its publication in the 
Official Journal of the European Union.  

This Regulation shall be binding in its entirety and directly applicable in all Member States. 

Done at Brussels, 

For the European Parliament 
The President 

For the Council 
The President 

EN 

11 

  EN