End of Series Derogation Category L – Article 44a Guidance

This page was last updated on 10th December 2020

Applicants for End of Series (EoS) derogation for category L may be aware of a regulation EU 2020/1694 published by the European Parliament and Council which recognises the exceptional circumstances and makes special provisions as a consequence of the COVID-19 pandemic.

This instrument amends regulation EU 168/2013 (the motorcycle framework regulation) by adding a new ‘Article 44a’ which provides for a derogation from the provisions concerning EoS in Article 44 (which have a limit on the numbers of vehicles which may benefit from EoS derogation).

Article 44a provides for an additional route for EoS based on the number of vehicles held in stock on 15 March 2020, and allows for an extra 12 months to place this number of vehicles compliant with Euro 4 on the market.

Note that other than the number of vehicles compliant with Euro 4 held in stock on 15 March 2020, there is no prescribed numerical or percentage limit in Article 44a.

However, in the UK these provisions apply to vehicles that were intended for sale in the UK and were located in EU on 15 March 2020.

In their justification (which must form part of their application) the applicant must be able to demonstrate (with appropriate evidence) the number of vehicles held in stock on 15 March 2020. This number will be the limiting factor. Applicants for EoS may be made by either;

  1. the manufacturer
  2. the manufacturer’s representative (as specified in the type approval certificate)
  3. an importer with an accompanying Letter of Authorisation from either of the above

If a type of motorcycle is placed on the market by more than one importer then each importer (that has an authorisation from the manufacturer concerned) may apply for the number of vehicles they held in stock on 15 March 2020.

Where applications have already been submitted to VCA in respect of Article 44 we understand that applicants may wish to review their position and consider the merits of application under Article 44, Article 44a, or a combination of the two. Note if an applicant wishes to apply for EoS under both Article 44 and 44a a separate application will need to be made as these are different campaigns.

If an application according to Article 44 has already been made and is to be resubmitted applicants are requested to notify VCA as soon as possible.

Later on, and should they need to, manufacturers can still apply under the provisions of Article 44, e.g. at the end of 2021. In this case vehicles covered under an EoS derogation according to Article 44a will not count towards the limits that are imposed in Article 44 (e.g. a numerical limit of 100 per type, or percentage limit of 10% of sales).

The application forms can be found here;