The EU executive releases the expected draft regulation to complement the existing type-approval legislation.
As expected (see previous CEMA newsletters), the European Commission released a draft regulation to complement the existing type-approval legislation. The EU executive proposes to establish special provisions for the EU type-approval and the placing on the market of vehicles, systems, components and separate technical units which have been type-approved by the approval authority of the United Kingdom before the day Union law ceases to apply to and in the United Kingdom. Currently, the Union legislation does not provide for the possibility to re-approve types already approved elsewhere in the Union. In summary:
- In order to be approved, the type would have to comply at least with the requirements for the placing on the market, registration or entry into service of new vehicles, systems, components or separate technical units applicable at the time when the Union type-approval takes effect (not those applicable to new types).
The manufacturer shall be liable to pay adequate fees for any costs.
Possible for type-approvals to be based on test reports already presented in the United Kingdom, provided the requirements have not changed.
Type-approval authorities should however have the discretion to require new tests to be carried out for any element of the approval they see fit.
For vehicles, systems, components and separate technical units based on UK type-approvals held by the manufacturer that were granted after 1 January 2008.
The draft includes many elements advocated by CEMA through positions and outreach meetings. This new regulation is of critical importance to enable agricultural machinery manufacturers to continue to produce and supply agricultural vehicles after the withdrawal of the UK from the EU. It will need to go through both Parliament and the Council in a timely manner. CEMA is supporting a swift procedure providing sufficient lead time, but is also looking into the details of the text. Minor improvements could indeed avoid the unnecessary and costly repetition of tests. A position is currently being developed within CEMA, while the European Parliament is still to identify a rapporteur for the file. CEMA also fully expects that the UK government will swiftly put forward and drive through a similar proposal ensuring reciprocity and a level-playing field through the UK recognition of EU-27 released type-approvals.
In parallel, the European Commission (DG TAXUD and DG TRADE) also published a notice to stakeholders to stakeholders on the preferential origin of goods post Brexit, since EU preferential trade arrangements with third countries in the field of the common commercial policy and customs will no longer apply to the UK as of the withdrawal date.