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Vehicle Type Approval – EU Exit Information

Background:

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

  • Frequently Asked Questions
  • Ongoing discussions
  • Technical Notices – No deal contingency planning
  • Transferring European approvals issued by VCA

Frequently Asked Questions:

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

General context:

Both the Government and Parliament have shown a clear preference against a no deal outcome. However, the Prime Minister has been clear that it is appropriate to prepare for a no deal scenario, and this remains a priority for the Government. The EU is ensuring it is prepared for a no-deal scenario. It would be irresponsible for the UK not to do the same. 

Technical Notices – No deal contingency planning:

As part of these 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/  

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

The following information augments the technical notice on the type approval of vehicles and non-road mobile machinery and is intended to set out proposals 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 place.

t should be noted that UNECE type approvals are not affected by the withdrawal of the UK from the EU; 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).  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 place.

In the event of ‘no deal’, existing EU type approvals (with the exception of e11 type approvals valid on 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 exit (excluding e11 approvals that are valid upon Exit – these will continue to be valid in the UK).  This process will be completed on receipt of a valid application from a manufacturer or their authorised representative. This will be an administrative conversion process aimed at minimising the burden on industry. The provisional approval will be valid for a time-limited period of 2 years during which a full approval can be applied for.

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.

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/eu-exit-contingency-plan.pdf (277.5 KB)

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;

‘No deal’ contingency - Stage 1

At the time the UK withdraws from the EU the UK technical requirements will be aligned with all existing EU requirements through retained EU legislation.

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

VCA are engaging with manufacturers to understand what EU approvals they hold and which are used in the UK market. On receipt of a correct application and upon Exit manufacturers will receive

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

The letter from VCA will inform the manufacturer that:

  • This is a provisional approval, valid for at least two years;
  • Manufacturers are required to notify VCA of extensions to the EU 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 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

‘No deal’ contingency - Stage 2

Over a period of two years, after receiving applications from manufacturers, VCA will convert provisional approvals into formal UK approvals.  This process will require the following:  

1. Manufacturer to supply;

  • UK provisional type approval number
  • EU Type Approval Certificate
  • TA supporting documentation
  • Conformity of Production (CoP) supporting documentation

2. VCA assessment to confirm CoP procedures are in place. Approvals are granted only if satisfactory CoP measures in place.

3. VCA issue a CoP Compliance Statement and then UK Type Approval Certificates.

VCA retain the right to request further documentation or carry out a physical inspection/audit in case of doubt about the validity of an EU certificate.

The legislation for the 2nd stage will set a date from which statutory markings must reflect the UK approval number and UK-specific Certificates of Conformity (CoC) are issued for vehicles. We currently believe a date 2 years from withdrawal would be appropriate however a final decision has not been made.

NB. Until legislation implementing the second stage is in place, manufacturers bringing new model types to market will continue to be issued with provisional approvals following the procedures set out in stage 1 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/eu-exit-contingency-plan.pdf (277.5 KB)

Application instructions;

https://www.vehicle-certification-agency.gov.uk/additional/files/general-information/eu-exit-type-approval/uk-scheme-application-instructions.pdf (97.2KB)

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 approvals for existing products from the Type Approval Authority of another 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 had 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 VCA to obtain new type approvals from type approval authorities of other Member States.

The aim of this initiative is to facilitate continued compliance with EU law by manufacturers who have obtained European approval from the UK and ensuring a level playing field with those having obtained approval from another Member State (EU27). 

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.

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 UK exit from the EU.

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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