Following feedback from manufacturers and Member States as well as two notices to stakeholders :

the European Commission released a roadmap announcing the preparation of a Regulation complementing EU type-approval legislation with regard to the UK withdrawal from the European Union (Brexit preparedness).

The aim of the initiative is to facilitate continued compliance with EU law by manufacturers having obtained type-approvals in the United Kingdom and ensure a level playing field between them and manufacturers having obtained a type-approval in the EU-27. Measures will be introduced to allow for re-issuing type-approvals by EU27 type-approval authorities without hampering the continuation of the production process.

The Commission envisions a targeted stand-alone regulation that will complement the existing type-approval legislation and will be limited in time. It will address the legal uncertainty associated with Directive 2007/46/EC (motor vehicles and trailers) and its replacement (Regulation applicable as from 1 September 2020); Regulation (EU) No 168/2013 (two- and three-wheeled vehicles and quadricycles); Regulation (EU) No 167/2013 (agricultural and forestry vehicles); and Regulation (EU) 2016/1628 (engines for use in non-road mobile machinery).

CEMA – as well as other stakeholders – welcomed the initiative and contributed to the consultation, leveraging the comprehensive Brexit position already provided to the European Commission last November CLICK. As a follow-up to our contribution, CEMA Secretary General Jerome Bandry, Technical Advisor Tim Hamers and PPG Chairman Gilles Dryancour met with representatives from the European Commission’s DG Grow and article 50 task force / Brexit preparedness units on May 16  to further discuss issues related to type approvals obtained in the UK. The draft regulation is expected to be released very soon by the Commission and will have to be approved by the co-legislators before the date of UK withdrawal (March 2019).

The UK government is yet to clarify how it intends to deal with EU-27 issued type-approvals after the date of UK withdrawal, which will be critical to maintaining a level-playing field.