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Vehicle Type Approval – Brexit Information

Background:

The purpose of this area of the Vehicle Certification Agency (VCA) website is to provide industry and other stakeholders with information around Brexit and in particular, the type approval of vehicles and non-road mobile machinery. Information is outlined under the following headings

  • Frequently Asked Questions
  • General Context
  • Technical Notices – No deal contingency planning
  • Transferring European approvals issued by the VCA

Frequently Asked Questions:

The VCA have been asked various questions in relation to how the Brexit affects type approval. In response to this the VCA has published a list of 'Frequently Asked Questions & Answers'.  To view this information please click here (112.4KB).

General context:

The UK will be leaving the EU on 31st October 2019 whatever the circumstances, and while the Government will work in an energetic and determined way to ensure we leave with a deal, if that proves impossible we will leave with no deal. We are making all the necessary preparations to ensure we are prepared for all scenarios.

Technical Notices – No deal contingency planning:

As part of Brexit preparations the Government has published guidance to help businesses, citizens and consumers to prepare for all outcomes, including a no-deal scenario. This guidance can be found at:

https://euexit.campaign.gov.uk/ (page opens in a new window)

Separately, the Department for Transport published a technical notice relating to type-approval of vehicles and non-road mobile machinery which can be found at:

https://www.gov.uk/guidance/vehicle-type-approval-if-theres-no-brexit-deal (page opens in a new window)

The following information complements the technical notice on the type approval of vehicles and non-road mobile machinery and is intended to keep you informed about the new UK type approval scheme and measures aimed at ensuring the continuity of the supply of products into the UK market place.

It should be noted that UNECE type approvals are not affected by Brexit; all products with type approval and markings in accordance with UNECE type approval regulations will continue to be accepted by both EU and UK (subject of course to the status of either as a Contracting party to any particular regulation).  The VCA will continue to be able to issue approvals in accordance with UNECE regulations in any case.

Contingency Planning

UK Type Approval Scheme

Following on from the publication of the technical notice on the type approval of vehicles and non-road mobile machinery, the Department for Transport has set out plans for the operation of a UK type approval scheme and measures aimed at ensuring the continuity of the supply of products into the UK market.

In the event of ‘no deal’, existing EU type approvals (with the exception of e11 type approvals valid on the date of Exit) would not automatically be recognised in the UK.

However, products which do not require registration for use on the road, i.e. trailers, engines for non-road mobile machinery and components, may continue to be placed on the market on the basis of existing EU approvals, at least until further UK legislation is introduced.

To help ensure the continued supply of automotive products into the UK market a new UK Type Approval Scheme has been put in place. In the event of ‘no deal’, the UK will issue a provisional UK approval to manufacturers with an EC approval that is valid at the time of Brexit. This process will be completed on receipt of a valid application from a manufacturer or their authorised representative. This will be an administrative conversion aimed at minimising the burden on industry. The provisional approval will be valid for a time-limited period of 2 years from the date of issue. During this period, manufacturers can apply for a full UK type approval.

Manufacturers with e11 approvals need not obtain a provisional approval if they sell only on the UK market however, they should be aware that e11 approvals will no longer be accepted in the EU in a no-deal Brexit.

This approach will prepare the UK and manufacturers for a ‘no deal’ scenario, whilst minimising unnecessary costs for industry if this scenario does not materialise.

The legislation underpinning the provisional scheme is available at:

http://www.legislation.gov.uk/uksi/2019/648/contents/made

http://www.legislation.gov.uk/uksi/2019/691/contents/made

http://www.legislation.gov.uk/uksi/2019/1156/contents/made

To help industry and other stakeholders we have put together the following guidance, which provides more detailed information about the proposed scheme.

 https://www.vehicle-certification-agency.gov.uk/additional/files/general-information/eu-exit-type-approval/WEBTA46-issuing-uk-type-approvals-in-a-no-deal-scenario.pdf (152.5KB)

It should be noted that UK National Small Series Type Approval (NSSTA) and UNECE approvals for systems and components remain valid.  The current UK IVA and MSVA schemes will also continue.

If you wish to obtain provisional UK type approvals from VCA please send an e-mail to;

Provisional UK type approval scheme

Immediately after Brexit technical requirements in the UK will be aligned with all existing EU requirements through retained EU legislation.

Existing EC type approvals which are valid at the time of withdrawal may be used to demonstrate compliance with the UK type approval scheme.

The VCA has been in contact with manufacturers and is ready to issue provisional UK approvals to those that have supplied their details. Provisional approvals can be issued to a manufacturer who is able to demonstrate they hold a valid EU type approval at the point of exit. Manufacturers that have not yet applied should do so following the steps set out in our guidance documents. After Brexit, manufacturers who have sent correct and completed applications will receive:

  • a letter from the VCA on behalf of the Secretary of State for Transport, and
  • an annex that lists all their UK provisional TA Numbers and the associated EC numbers

The letter from the VCA will inform the manufacturer that:

  • This is a provisional approval, valid for at least two years;
  • Manufacturers are required to notify the VCA of extensions to the EC approvals the provisional approvals are based on;
  • By the end of the two-year period, all provisional approvals must be converted in to full UK approvals or will these lapse; and

The VCA retain the right to request further documentation or carry out a physical inspection in a case of doubt about the validity of an EU certificate in order to issue full UK approval

Full UK type approval scheme

Over a period of two years, after receiving applications from manufacturers, the VCA will convert provisional approvals into formal UK approvals.  This process is currently being refined by the VCA and the DfT. Until legislation implementing the second stage is in place, manufacturers bringing new model types to the UK market will continue to be issued with provisional approvals following the procedures set out above, or, if appropriate for their needs, National Small Series or Individual (Single) Vehicle Approvals.

Documentation

Information about the proposed scheme;

 https://www.vehicle-certification-agency.gov.uk/additional/files/general-information/eu-exit-type-approval/WEBTA46-issuing-uk-type-approvals-in-a-no-deal-scenario.pdf (152.5KB)

Application instructions;

 https://www.vehicle-certification-agency.gov.uk/additional/files/general-information/eu-exit-type-approval/WEBTA47-application-instructions.pdf (140.3KB)

Transferring UK issued European approvals to another EU27 approval authority

In April 2018 the Commission launched a consultation on its proposals aimed at allowing holders of VCA issued European approvals to obtain a new type approval for existing products from the Type Approval Authority of an EU Member State (EU27) approval authority in the absence of any other agreed arrangement.

The outcome of this process was the publication in the Official Journal of the European Union of;

“Regulation EU 2019/26 of the European Parliament and of the Council of 8 January 2019 complementing union type-approval legislation with regard to the withdrawal of the United Kingdom from the Union”.

Before this legislation took effect, the existing legislation did not allow manufacturers to apply for the approval of the same type in more than one Member State. This regulation allows manufacturers which hold EU type approvals issued by the VCA to obtain new type approvals from an EU27 type approval authority.

You can find information about this in the links below:

https://ec.europa.eu/info/law/better-regulation/initiatives/ares-2018-2236797_en (opens in a new browser window)

The regulation can be found here:

https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32019R0026&from=EN (opens in a new browser window)

In the case of manufacturers that have products which are only type approved to an EU regulation or directive, and in the event of a ‘no deal’ scenario, any e11 type approvals you hold will no longer be valid in the EU. This means at least that;

  • In order to be able to sell, or place these products on the market in the EU, manufacturers will need to get a new approval from an EU27 type-approval authority.
  • Where these products are compiled into an EU Whole Vehicle Type Approval (WVTA) then these products will invalidate those EU WVTA. Manufacturers will need to discuss this situation with their customers.

The VCA will be on hand to support you through the process of obtaining new approvals in other Member States, should that be necessary.

It should also be noted that UNECE approvals issued by VCA will not need to be transferred in any case and they are unaffected by Brexit.

If you would like to find out more about how we can support the transfer of e11 approvals to another Member State please send an e-mail to;

 

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