Brexit preparedness: provisional agreement reached on amending EU rules in the area of type-approvals for vehicles
28 Nov 2018 01:02 PM
The European Commission welcomes yesterday's provisional agreement at trilogue level on its proposal to change EU rules in the area of type-approvals for vehicles.
This is an example of one of the Commission's Brexit preparedness proposals for measures that must be adopted irrespective of whether the United Kingdom's withdrawal from the European Union is orderly or otherwise.
Yesterday's provisional agreement means that current manufacturers holding UK type-approvals will be allowed to apply – before the UK's withdrawal from the EU – to EU27 authorities for new type-approval. It will provide legal clarity, ensure business continuity, and avoid an unnecessary administrative burden on manufacturers.
Following this provisional agreement, the text of the Regulation will have to be formally approved by the European Parliament and the Council. Once endorsed by both co-legislators in the coming weeks, the Regulation will be published in the Official Journal of the Union and will enter into force on the third day after its publication.
Background
On 4 June 2018, the European Commission proposed a Regulation complementing EU rules in the area of type-approvals for vehicles. This is part of the Commission's ongoing preparedness work in the context of Brexit, and follows two stakeholder notices published on 8 Februaryand 28 March 2018.
Type-approval is the procedure for certifying that a vehicle meets all applicable requirements related to safety and emissions. Under EU law, the approval of a vehicle type in one EU country is valid EU-wide without the need for further tests and re-certification in other Member States.
After the United Kingdom's withdrawal from the EU (or at the end of the transition period, if the Withdrawal Agreement is ratified), the UK type-approval authority will no longer be a national authority of an EU Member State. Therefore – without prejudice to the discussions on the future EU-UK relationship – it will no longer be possible for manufacturers to place vehicles on the EU27 market on the basis of type-approvals granted in the UK.
Reaching an agreement with the UK Government on the terms of the Withdrawal Agreement and the Political Declaration on the framework of the future relationship is not a guarantee that the United Kingdom will ratify the Withdrawal Agreement by 29 March 2019. It continues to be essential that business operators prepare themselves for the UK's withdrawal – whatever the outcome.
For more information:
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
Communication of 13 November 2018 "Preparing for the withdrawal of the United Kingdom from the European Union on 30 March 2019: a Contingency Action Plan"
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