BETA


2018/0220(COD) Complementing EU type-approval legislation with regard to the withdrawal of the United Kingdom from the Union

Progress: Procedure completed

RoleCommitteeRapporteurShadows
Lead IMCO MIZZI Marlene (icon: S&D S&D) THUN UND HOHENSTEIN Róża (icon: PPE PPE), DALTON Daniel (icon: ECR ECR), SELIMOVIC Jasenko (icon: ALDE ALDE), DURAND Pascal (icon: Verts/ALE Verts/ALE)
Committee Opinion ENVI VĂLEAN Adina-Ioana (icon: PPE PPE) Gerben-Jan GERBRANDY (icon: ALDE ALDE)
Committee Opinion TRAN
Lead committee dossier:
Legal Basis:
TFEU 114

Events

2019/01/23
   EC - Commission response to text adopted in plenary
Documents
2019/01/16
   CSL - Draft final act
Documents
2019/01/10
   Final act published in Official Journal
Details

PURPOSE: to ensure a smooth transition, when the United Kingdom leaves the EU, to the type-approval of motor vehicles, as well as systems, components and separate technical units intended for such vehicles.

LEGISLATIVE ACT: Regulation (EU) 2019/26 of the European Parliament and of the Council complementing Union type-approval legislation with regard to the withdrawal of the United Kingdom from the Union.

CONTENT: the EU legislative framework governing the registration of a number of products will no longer apply in the United Kingdom at the date of withdrawal. In order to remove the legal uncertainty for manufacturers with UK type-approval, the proposal aims to:

- allow the manufacturers concerned to apply to the EU-27 type-approval authority of their choice to ensure that the Union recognises approvals previously granted by a UK type-approval authority, provided that the EU type-approval application is submitted before the United Kingdom withdraws from the EU;

- allow the recognition of previous tests carried out by the UK type-approval authorities, while allowing the EU type-approval authorities to require new tests to be carried out. In this case, the tests shall be carried out by a technical service designated and notified by the Member State of the Union type-approval authority.

- preserve the Union's safety and quality standards.

Conditions for granting Union type-approval and its effects

The Regulation lays down the conditions for obtaining Union type-approval and its effects on the placing on the market, registration or entry into service of such vehicles, systems, components and separate technical units.

The Union type-approval shall take effect on the day of its granting or on a later date determined therein. The UK type-approval shall become invalid on the day preceding the day on which the Union type-approval takes effect. In any event, it shall become invalid at the latest on the day on which the Union type-approval legislation ceases to apply to and in the United Kingdom.

The Union type-approval authority shall also, from the time when the Union type-approval takes effect, exercise all the powers and fulfil all the obligations of the UK type-approval authority with respect to the following:

- vehicles, systems, components or separate technical units produced on the basis of the UK type-approval already placed on the market, registered or entered into service in the Union;

- vehicles, systems, components or separate technical units produced on the basis of the UK type-approval to be placed on the market, registered or entered into service in the Union in accordance with the Regulation.

Responsibility of the EU type-approval authority

The Regulation provides that the Union type-approval authority shall be responsible for vehicles, systems, components and separate technical units manufactured on the basis of the United Kingdom type-approval and placed or to be placed on the market, registered or put into service in the Union in accordance with the provisions of the Regulation.

The Union type-approval authority shall not be held liable for the acts or omissions of the United Kingdom type-approval authority.

Transitional provisions

The Regulation shall not exclude the placing on the market, registration or entry into service of engines or non-road vehicles and mobile machinery on which such engines are installed conforming to a type for which British type-approval has lapsed before the day on which Union law ceased to apply to and in the United Kingdom.

ENTRY INTO FORCE: 13.1.2019.

2019/01/08
   CSL - Final act signed
2019/01/08
   EP - End of procedure in Parliament
2018/12/20
   EP/CSL - Act adopted by Council after Parliament's 1st reading
2018/12/20
   CSL - Council Meeting
2018/12/11
   EP - Results of vote in Parliament
2018/12/11
   EP - Decision by Parliament, 1st reading/single reading
Details

The European Parliament adopted by 640 votes to 11, with 16 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council complementing EU type-approval legislation with regard to the withdrawal of the United Kingdom from the Union.

The EU legislative framework governing the registration of a number of products will no longer apply in the United Kingdom at the date of withdrawal. In order to remove the legal uncertainty for manufacturers with British type-approval, the proposal aims to:

allow the manufacturers concerned to contact the EU-27 type-approval authority of their choice to ensure that the Union recognises approvals previously granted by a UK type-approval authority, allow the recognition of previous tests carried out by the UK type-approval authorities, while allowing the EU type-approval authorities to require new tests to be carried out; preserve the Union's safety and quality standards.

The European Parliament's position adopted at first reading under the ordinary legislative procedure amended the Commission's proposal as follows:

Application for EU type-approval : the amended text invited manufacturers to comply with the request of the Union type-approval authority and ensures that the Union type-approval authority will receive and analyse all available information before accepting a United Kingdom approval. Documentation and information could include the United Kingdom's original type-approval, as well as all amendments, information package and test reports. In the case of a vehicle, the application could also include EC, EU or UN type-approval and their annexes, as part of the overall vehicle type-approval.

Conditions for granting Union type-approval and its effects : the Union type-approval shall take effect on the day of its granting or on a later date determined therein. The UK type-approval shall become invalid on the day preceding the day on which the Union type-approval takes effect. In any event, it shall become invalid at the latest on the day on which the Union type-approval legislation ceases to apply to and in the United Kingdom.

From the time that the Union type-approval takes effect, the Union type-approval authority shall be responsible for vehicles, systems, components and separate technical units manufactured on the basis of the United Kingdom type-approval and placed or to be placed on the market, registered or put into service in the Union in accordance with the provisions of the Regulation.

The amended text ensures that a market surveillance authority will cover vehicles, systems, components or separate technical units, which may be in an uncertain situation after the invalidation of the United Kingdom approval as a result of the granting of an EU type approval, and specify that manufacturers will have to provide an additional certificate of conformity so that the new type approval authority is in a position to assume responsibility for these vehicles;

It also emphasises that the Union type-approval authority shall not be held liable for the acts or omissions of the United Kingdom type-approval authority.

Special provisions : the Regulation shall not exclude the placing on the market, registration or entry into service of engines or non-road vehicles and mobile machinery on which such engines are installed conforming to a type for which British type-approval has lapsed before the day on which Union law ceased to apply to and in the United Kingdom.

Documents
2018/12/06
   EP - Approval in committee of the text agreed at 1st reading interinstitutional negotiations
2018/11/07
   EP - Committee report tabled for plenary, 1st reading/single reading
Details

The Committee on the Internal Market and Consumer Protection adopted the report by Marlene MIZZI (S&D, MT) on the proposal for a regulation of the European Parliament and of the Council complementing EU type-approval legislation with regard to the withdrawal of the United Kingdom from the Union.

To recap, the proposal aims to complement EU type-approval legislation with regard to the withdrawal of the United Kingdom from the Union. Indeed, the EU legislative framework governing the registration of a number of products will no longer apply in the United Kingdom at the date of withdrawal.

In order to remove the legal uncertainty for manufacturers which have been granted British type-approval, the proposal aims to:

allow the manufacturers concerned to contact the EU-27 type-approval authority of their choice to ensure that the Union recognises approvals previously granted by a UK type-approval authority; allow the recognition of previous tests carried out by the UK type-approval authorities, while allowing the EU type-approval authorities to require new tests to be carried out; to preserve the Union's safety and quality standards.

The committee responsible recommended that the European Parliament's position adopted at first reading under the ordinary legislative procedure should amend the Commission's proposal.

The proposed amendments aim to:

introduce a reference to applications for approval in the context of systems, components, vehicles and engines in order to ensure that the text will cover all categories that may require Union type approval; invite manufacturers to comply with the request of the Union type-approval authority and ensure that the Union type-approval authority receives and analyses all available information before accepting a UK type-approval; clarify that the Union type-approval authority referred to is the same as the one that will issue the type-approval certificate; specify that the United Kingdom type-approval will become invalid at the latest on the day on which the United Kingdom withdraws from the Union or, if the Union and the United Kingdom agree on a transitional period in the context of the withdrawal agreement, following the last day of the transitional period. Before that date, it shall become invalid on the day on which the Union type-approval takes effect; specify that the Union type-approval authority will be responsible for vehicles, systems, components and separate technical units manufactured on the basis of the United Kingdom type-approval and placed or to be placed on the market, registered or put into service in the Union in accordance with the provisions of the Regulation; ensure that a market surveillance authority will cover vehicles, systems, components or separate technical units, which may be in an uncertain situation after the invalidation of the United Kingdom approval as a result of the granting of an EU type approval, and specify that manufacturers will have to provide an additional certificate of conformity so that the new type approval authority is in a position to assume responsibility for these vehicles; point out that the Union type-approval authority will not be held liable for the acts or omissions of the United Kingdom type-approval authority; provide that the Regulation should not exclude the placing on the market, registration or entry into service of engines or non-road vehicles and mobile machinery on which such engines are installed conforming to a type for which British type-approval has lapsed before the day on which Union law ceased to apply to and in the United Kingdom.

Documents
2018/11/05
   EP - Committee decision to open interinstitutional negotiations with report adopted in committee
2018/10/30
   EP - Vote in committee, 1st reading/single reading
2018/09/19
   ESC - Economic and Social Committee: opinion, report
Documents
2018/09/13
   PT_PARLIAMENT - Contribution
Documents
2018/09/04
   EP - Committee opinion
Documents
2018/07/23
   ES_CONGRESS - Contribution
Documents
2018/07/02
   EP - Committee referral announced in Parliament, 1st reading/single reading
2018/06/21
   EP - VĂLEAN Adina-Ioana (PPE) appointed as rapporteur in ENVI
2018/06/19
   EP - MIZZI Marlene (S&D) appointed as rapporteur in IMCO
2018/06/04
   EC - Legislative proposal published
Details

PURPOSE: to complement EU type-approval legislation with regard to the withdrawal of the United Kingdom from the Union.

PROPOSED ACT: Regulation of the European Parliament and of the Council.

ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.

BACKGROUND: on 29 March 2017, the United Kingdom submitted the notification of its intention to withdraw from the Union pursuant to Article 50 of the Treaty on European Union. This means that, unless a ratified withdrawal agreement establishes another date, all Union primary and secondary law will cease to apply to the United Kingdom from 30 March 2019, ('the withdrawal date'). The United Kingdom will then become a third country.

Subject to any transitional arrangement that may be contained in a possible withdrawal agreement, the EU legislative framework governing type approval for a number of products will no longer apply to the United Kingdom .

This also means that the United Kingdom type-approval authority will cease to be an EU type-approval authority. Manufacturers who obtained approvals in the United Kingdom in the past will thus need to obtain new approvals from EU-27 type approval authorities, including for products already in production, in order to ensure continued compliance with EU legislation and retain access to the Union market.

While the legal framework for these products sets procedural requirements harmonising the way in which type-approvals are granted across the EU, some safeguards make it difficult for relevant manufacturers to take the necessary measures to ensure regulatory compliance and business continuity after the EU acquis ceases to apply to the United Kingdom . For example:

the EU type-approval system allows manufacturers to choose freely the type-approval authority to which they submit their type-approval applications. However, it does not allow for the change of the authority once an approval has been granted, and it is not possible for one authority to amend the approval issued by another authority; the type-approval legislation requires that a type-approval authority may only accept test reports from technical services which the Member State to whom it belongs; it is a fundamental principle of the type approval system that a product may only be approved against the requirements applicable to new types (as opposed to new vehicles) at the time when the approval is granted; once the United Kingdom type-approval authority has ceased to be an EU type-approval authority, it can no longer ensure the conformity of production and in service conformity of products already in circulation; responsible type-approval authority is also needed for the recall of a product that is not in conformity with safety or environmental requirements.

These issues create significant legal uncertainty for manufacturers with United Kingdom type-approvals . Manufacturers should be able to continue the production of vehicles, systems, components and separate technical units previously based on approvals granted by the United Kingdom and to continue placing these products on the Union market. It is therefore necessary to allow manufacturers to obtain new approvals issued by the authorities of Member States of the Union other than the United Kingdom.

CONTENT: the proposed Regulation complements Directive 2007/46/EC , Regulation (EU) No 167/2013 , Regulation (EU) No 168/2013 and Regulation (EU) 2016/1628 by establishing 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.

The present proposal aims to address them by modifying temporarily and in a very targeted manner the existing rules to allow concerned manufacturers to obtain new EU-27 approvals that replace their existing UK type-approved products.

Specifically, the proposal:

explicitly allows concerned manufacturers to apply to an EU-27 type-approval authority for new approvals for existing types; allows that tests underpinning the UK type approvals do not have to be repeated because the technical service was not designated and notified by the EU-27 type approval authority before; provides that such approvals may be granted if the requirements for new vehicles, systems, components and separate technical units are met rather than those for new types; proposes to help identify new type-approval authorities for those products already on the market prior to the withdrawal, to avoid that no authority would be in charge of carrying out in-service conformity checks or issuing a possible future recall.

The provisions proposed in the proposal will not lower the requirements regarding the safety or environmental performance of the vehicles, systems, components or separate technical units. It will not grant any advantages to manufacturers with UK type-approvals, compared to manufacturers with EU-27 type-approvals.

On the contrary, the initiative will simply allow manufacturers to continue producing their products in compliance with applicable legal requirements without interrupting their existing production.

Documents

Votes

A8-0359/2018 - Marlene Mizzi - Am 19 11/12/2018 12:35:07.000

2018/12/11 Outcome: +: 640, 0: 16, -: 11
DE FR IT GB PL ES RO BE HU CZ PT BG SE EL NL AT FI DK LT SK HR IE SI LU CY MT LV EE ??
Total
89
69
63
61
45
46
29
19
19
19
18
17
16
18
21
17
12
12
10
10
9
8
8
6
6
6
5
6
1
icon: PPE PPE
202

United Kingdom PPE

2

Denmark PPE

For (1)

1

Luxembourg PPE

3

Cyprus PPE

1

Latvia PPE

2

Estonia PPE

For (1)

1
icon: S&D S&D
169

Czechia S&D

3

Netherlands S&D

3

Lithuania S&D

1

Croatia S&D

2

Slovenia S&D

For (1)

1

Luxembourg S&D

For (1)

1

Cyprus S&D

2

Malta S&D

3

Latvia S&D

1

Estonia S&D

For (1)

1
icon: ECR ECR
66

Italy ECR

2

Romania ECR

2

Czechia ECR

1

Bulgaria ECR

2

Sweden ECR

2

Greece ECR

For (1)

1

Netherlands ECR

2
2

Lithuania ECR

1

Slovakia ECR

2

Croatia ECR

For (1)

1

Cyprus ECR

1

Latvia ECR

For (1)

1
icon: ALDE ALDE
60

Germany ALDE

3

Romania ALDE

2

Portugal ALDE

1

Sweden ALDE

2

Austria ALDE

For (1)

1

Denmark ALDE

2

Croatia ALDE

2

Ireland ALDE

For (1)

1

Slovenia ALDE

For (1)

1

Luxembourg ALDE

For (1)

1

Latvia ALDE

1

Estonia ALDE

Against (1)

3
icon: GUE/NGL GUE/NGL
43

Italy GUE/NGL

2

United Kingdom GUE/NGL

1

Portugal GUE/NGL

3

Sweden GUE/NGL

For (1)

1

Netherlands GUE/NGL

3

Finland GUE/NGL

For (1)

1

Denmark GUE/NGL

For (1)

1

Ireland GUE/NGL

3

Cyprus GUE/NGL

2
icon: Verts/ALE Verts/ALE
43

Italy Verts/ALE

For (1)

1

Belgium Verts/ALE

2

Hungary Verts/ALE

For (1)

1

Austria Verts/ALE

3

Denmark Verts/ALE

For (1)

1

Lithuania Verts/ALE

For (1)

1

Croatia Verts/ALE

For (1)

1

Slovenia Verts/ALE

For (1)

1

Luxembourg Verts/ALE

For (1)

1

Estonia Verts/ALE

For (1)

1
icon: ENF ENF
30

Germany ENF

Against (1)

1

Poland ENF

For (1)

1

Belgium ENF

For (1)

1

Netherlands ENF

3

Austria ENF

4
icon: EFDD EFDD
33

Germany EFDD

Abstain (1)

1

Poland EFDD

1

Czechia EFDD

Abstain (1)

1

Lithuania EFDD

For (1)

1
icon: NI NI
19

Germany NI

2

France NI

For (1)

Abstain (1)

2

United Kingdom NI

3

Hungary NI

2

Denmark NI

1

NI

For (1)

1
AmendmentsDossier
7 2018/0220(COD)
2018/07/05 ENVI 7 amendments...
source: 625.366

History

(these mark the time of scraping, not the official date of the change)

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  • date: 2018-06-04T00:00:00 type: Legislative proposal published body: EC docs: url: http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2018/0397/COM_COM(2018)0397_EN.pdf title: COM(2018)0397 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2018&nu_doc=0397 title: EUR-Lex summary: PURPOSE: to complement EU type-approval legislation with regard to the withdrawal of the United Kingdom from the Union. PROPOSED ACT: Regulation of the European Parliament and of the Council. ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council. BACKGROUND: on 29 March 2017, the United Kingdom submitted the notification of its intention to withdraw from the Union pursuant to Article 50 of the Treaty on European Union. This means that, unless a ratified withdrawal agreement establishes another date, all Union primary and secondary law will cease to apply to the United Kingdom from 30 March 2019, ('the withdrawal date'). The United Kingdom will then become a third country. Subject to any transitional arrangement that may be contained in a possible withdrawal agreement, the EU legislative framework governing type approval for a number of products will no longer apply to the United Kingdom . This also means that the United Kingdom type-approval authority will cease to be an EU type-approval authority. Manufacturers who obtained approvals in the United Kingdom in the past will thus need to obtain new approvals from EU-27 type approval authorities, including for products already in production, in order to ensure continued compliance with EU legislation and retain access to the Union market. While the legal framework for these products sets procedural requirements harmonising the way in which type-approvals are granted across the EU, some safeguards make it difficult for relevant manufacturers to take the necessary measures to ensure regulatory compliance and business continuity after the EU acquis ceases to apply to the United Kingdom . For example: the EU type-approval system allows manufacturers to choose freely the type-approval authority to which they submit their type-approval applications. However, it does not allow for the change of the authority once an approval has been granted, and it is not possible for one authority to amend the approval issued by another authority; the type-approval legislation requires that a type-approval authority may only accept test reports from technical services which the Member State to whom it belongs; it is a fundamental principle of the type approval system that a product may only be approved against the requirements applicable to new types (as opposed to new vehicles) at the time when the approval is granted; once the United Kingdom type-approval authority has ceased to be an EU type-approval authority, it can no longer ensure the conformity of production and in service conformity of products already in circulation; responsible type-approval authority is also needed for the recall of a product that is not in conformity with safety or environmental requirements. These issues create significant legal uncertainty for manufacturers with United Kingdom type-approvals . Manufacturers should be able to continue the production of vehicles, systems, components and separate technical units previously based on approvals granted by the United Kingdom and to continue placing these products on the Union market. It is therefore necessary to allow manufacturers to obtain new approvals issued by the authorities of Member States of the Union other than the United Kingdom. CONTENT: the proposed Regulation complements Directive 2007/46/EC , Regulation (EU) No 167/2013 , Regulation (EU) No 168/2013 and Regulation (EU) 2016/1628 by establishing 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. The present proposal aims to address them by modifying temporarily and in a very targeted manner the existing rules to allow concerned manufacturers to obtain new EU-27 approvals that replace their existing UK type-approved products. Specifically, the proposal: explicitly allows concerned manufacturers to apply to an EU-27 type-approval authority for new approvals for existing types; allows that tests underpinning the UK type approvals do not have to be repeated because the technical service was not designated and notified by the EU-27 type approval authority before; provides that such approvals may be granted if the requirements for new vehicles, systems, components and separate technical units are met rather than those for new types; proposes to help identify new type-approval authorities for those products already on the market prior to the withdrawal, to avoid that no authority would be in charge of carrying out in-service conformity checks or issuing a possible future recall. The provisions proposed in the proposal will not lower the requirements regarding the safety or environmental performance of the vehicles, systems, components or separate technical units. It will not grant any advantages to manufacturers with UK type-approvals, compared to manufacturers with EU-27 type-approvals. On the contrary, the initiative will simply allow manufacturers to continue producing their products in compliance with applicable legal requirements without interrupting their existing production.
  • date: 2018-07-02T00:00:00 type: Committee referral announced in Parliament, 1st reading/single reading body: EP
  • date: 2018-10-30T00:00:00 type: Vote in committee, 1st reading/single reading body: EP
  • date: 2018-11-05T00:00:00 type: Committee decision to open interinstitutional negotiations with report adopted in committee body: EP
  • date: 2018-11-07T00:00:00 type: Committee report tabled for plenary, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A8-2018-0359&language=EN title: A8-0359/2018 summary: The Committee on the Internal Market and Consumer Protection adopted the report by Marlene MIZZI (S&D, MT) on the proposal for a regulation of the European Parliament and of the Council complementing EU type-approval legislation with regard to the withdrawal of the United Kingdom from the Union. To recap, the proposal aims to complement EU type-approval legislation with regard to the withdrawal of the United Kingdom from the Union. Indeed, the EU legislative framework governing the registration of a number of products will no longer apply in the United Kingdom at the date of withdrawal. In order to remove the legal uncertainty for manufacturers which have been granted British type-approval, the proposal aims to: allow the manufacturers concerned to contact the EU-27 type-approval authority of their choice to ensure that the Union recognises approvals previously granted by a UK type-approval authority; allow the recognition of previous tests carried out by the UK type-approval authorities, while allowing the EU type-approval authorities to require new tests to be carried out; to preserve the Union's safety and quality standards. The committee responsible recommended that the European Parliament's position adopted at first reading under the ordinary legislative procedure should amend the Commission's proposal. The proposed amendments aim to: introduce a reference to applications for approval in the context of systems, components, vehicles and engines in order to ensure that the text will cover all categories that may require Union type approval; invite manufacturers to comply with the request of the Union type-approval authority and ensure that the Union type-approval authority receives and analyses all available information before accepting a UK type-approval; clarify that the Union type-approval authority referred to is the same as the one that will issue the type-approval certificate; specify that the United Kingdom type-approval will become invalid at the latest on the day on which the United Kingdom withdraws from the Union or, if the Union and the United Kingdom agree on a transitional period in the context of the withdrawal agreement, following the last day of the transitional period. Before that date, it shall become invalid on the day on which the Union type-approval takes effect; specify that the Union type-approval authority will be responsible for vehicles, systems, components and separate technical units manufactured on the basis of the United Kingdom type-approval and placed or to be placed on the market, registered or put into service in the Union in accordance with the provisions of the Regulation; ensure that a market surveillance authority will cover vehicles, systems, components or separate technical units, which may be in an uncertain situation after the invalidation of the United Kingdom approval as a result of the granting of an EU type approval, and specify that manufacturers will have to provide an additional certificate of conformity so that the new type approval authority is in a position to assume responsibility for these vehicles; point out that the Union type-approval authority will not be held liable for the acts or omissions of the United Kingdom type-approval authority; provide that the Regulation should not exclude the placing on the market, registration or entry into service of engines or non-road vehicles and mobile machinery on which such engines are installed conforming to a type for which British type-approval has lapsed before the day on which Union law ceased to apply to and in the United Kingdom.
  • date: 2018-12-06T00:00:00 type: Approval in committee of the text agreed at 1st reading interinstitutional negotiations body: EP
  • date: 2018-12-11T00:00:00 type: Results of vote in Parliament body: EP docs: url: https://oeil.secure.europarl.europa.eu/oeil/popups/sda.do?id=31764&l=en title: Results of vote in Parliament
  • date: 2018-12-11T00:00:00 type: Decision by Parliament, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P8-TA-2018-0493 title: T8-0493/2018 summary: The European Parliament adopted by 640 votes to 11, with 16 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council complementing EU type-approval legislation with regard to the withdrawal of the United Kingdom from the Union. The EU legislative framework governing the registration of a number of products will no longer apply in the United Kingdom at the date of withdrawal. In order to remove the legal uncertainty for manufacturers with British type-approval, the proposal aims to: allow the manufacturers concerned to contact the EU-27 type-approval authority of their choice to ensure that the Union recognises approvals previously granted by a UK type-approval authority, allow the recognition of previous tests carried out by the UK type-approval authorities, while allowing the EU type-approval authorities to require new tests to be carried out; preserve the Union's safety and quality standards. The European Parliament's position adopted at first reading under the ordinary legislative procedure amended the Commission's proposal as follows: Application for EU type-approval : the amended text invited manufacturers to comply with the request of the Union type-approval authority and ensures that the Union type-approval authority will receive and analyse all available information before accepting a United Kingdom approval. Documentation and information could include the United Kingdom's original type-approval, as well as all amendments, information package and test reports. In the case of a vehicle, the application could also include EC, EU or UN type-approval and their annexes, as part of the overall vehicle type-approval. Conditions for granting Union type-approval and its effects : the Union type-approval shall take effect on the day of its granting or on a later date determined therein. The UK type-approval shall become invalid on the day preceding the day on which the Union type-approval takes effect. In any event, it shall become invalid at the latest on the day on which the Union type-approval legislation ceases to apply to and in the United Kingdom. From the time that the Union type-approval takes effect, the Union type-approval authority shall be responsible for vehicles, systems, components and separate technical units manufactured on the basis of the United Kingdom type-approval and placed or to be placed on the market, registered or put into service in the Union in accordance with the provisions of the Regulation. The amended text ensures that a market surveillance authority will cover vehicles, systems, components or separate technical units, which may be in an uncertain situation after the invalidation of the United Kingdom approval as a result of the granting of an EU type approval, and specify that manufacturers will have to provide an additional certificate of conformity so that the new type approval authority is in a position to assume responsibility for these vehicles; It also emphasises that the Union type-approval authority shall not be held liable for the acts or omissions of the United Kingdom type-approval authority. Special provisions : the Regulation shall not exclude the placing on the market, registration or entry into service of engines or non-road vehicles and mobile machinery on which such engines are installed conforming to a type for which British type-approval has lapsed before the day on which Union law ceased to apply to and in the United Kingdom.
  • date: 2018-12-20T00:00:00 type: Act adopted by Council after Parliament's 1st reading body: EP/CSL
  • date: 2019-01-08T00:00:00 type: Final act signed body: CSL
  • date: 2019-01-08T00:00:00 type: End of procedure in Parliament body: EP
  • date: 2019-01-10T00:00:00 type: Final act published in Official Journal summary: PURPOSE: to ensure a smooth transition, when the United Kingdom leaves the EU, to the type-approval of motor vehicles, as well as systems, components and separate technical units intended for such vehicles. LEGISLATIVE ACT: Regulation (EU) 2019/26 of the European Parliament and of the Council complementing Union type-approval legislation with regard to the withdrawal of the United Kingdom from the Union. CONTENT: the EU legislative framework governing the registration of a number of products will no longer apply in the United Kingdom at the date of withdrawal. In order to remove the legal uncertainty for manufacturers with UK type-approval, the proposal aims to: - allow the manufacturers concerned to apply to the EU-27 type-approval authority of their choice to ensure that the Union recognises approvals previously granted by a UK type-approval authority, provided that the EU type-approval application is submitted before the United Kingdom withdraws from the EU; - allow the recognition of previous tests carried out by the UK type-approval authorities, while allowing the EU type-approval authorities to require new tests to be carried out. In this case, the tests shall be carried out by a technical service designated and notified by the Member State of the Union type-approval authority. - preserve the Union's safety and quality standards. Conditions for granting Union type-approval and its effects The Regulation lays down the conditions for obtaining Union type-approval and its effects on the placing on the market, registration or entry into service of such vehicles, systems, components and separate technical units. The Union type-approval shall take effect on the day of its granting or on a later date determined therein. The UK type-approval shall become invalid on the day preceding the day on which the Union type-approval takes effect. In any event, it shall become invalid at the latest on the day on which the Union type-approval legislation ceases to apply to and in the United Kingdom. The Union type-approval authority shall also, from the time when the Union type-approval takes effect, exercise all the powers and fulfil all the obligations of the UK type-approval authority with respect to the following: - vehicles, systems, components or separate technical units produced on the basis of the UK type-approval already placed on the market, registered or entered into service in the Union; - vehicles, systems, components or separate technical units produced on the basis of the UK type-approval to be placed on the market, registered or entered into service in the Union in accordance with the Regulation. Responsibility of the EU type-approval authority The Regulation provides that the Union type-approval authority shall be responsible for vehicles, systems, components and separate technical units manufactured on the basis of the United Kingdom type-approval and placed or to be placed on the market, registered or put into service in the Union in accordance with the provisions of the Regulation. The Union type-approval authority shall not be held liable for the acts or omissions of the United Kingdom type-approval authority. Transitional provisions The Regulation shall not exclude the placing on the market, registration or entry into service of engines or non-road vehicles and mobile machinery on which such engines are installed conforming to a type for which British type-approval has lapsed before the day on which Union law ceased to apply to and in the United Kingdom. ENTRY INTO FORCE: 13.1.2019. docs: title: Regulation 2019/26 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32019R0026 title: OJ L 008I 10.01.2019, p. 0001 url: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2019:008I:TOC title: Corrigendum to final act 32019R0026R(01) url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexapi!prod!CELEXnumdoc&lg=EN&model=guicheti&numdoc=32019R0026R(01) title: OJ L 011 14.01.2019, p. 0034 url: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2019:011:TOC
links
other
  • body: EC dg: url: http://ec.europa.eu/info/departments/internal-market-industry-entrepreneurship-and-smes_en title: Internal Market, Industry, Entrepreneurship and SMEs commissioner: BIEŃKOWSKA Elżbieta
otherinst
  • name: European Economic and Social Committee
procedure/Mandatory consultation of other institutions
European Economic and Social Committee
procedure/Modified legal basis
Rules of Procedure EP 159
procedure/Notes
  • 14/11/2018 Decision to enter into interinstitutional negotiations confirmed by plenary (Rule 69c)
procedure/dossier_of_the_committee
Old
IMCO/8/13526
New
  • IMCO/8/13526
procedure/final
title
Regulation 2019/26
url
https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32019R0026
procedure/geographical_area
  • United Kingdom
procedure/instrument
Old
Regulation
New
  • Regulation
  • See also Directive 2007/46/EC 2003/0153(COD) See also Regulation (EU) No 167/2013 2010/0212(COD) See also Regulation (EU) No 168/2013 2010/0271(COD) See also Regulation (EU) 2016/1628 2014/0268(COD)
procedure/other_consulted_institutions
European Economic and Social Committee
procedure/stage_reached
Old
Awaiting committee decision
New
Procedure completed
procedure/subject
Old
  • 2.10.03 Standardisation, EC/EU standards and trade mark, certification, compliance
  • 3.40.03 Motor industry, cycle and motorcycle, commercial and agricultural vehicles
New
2.10.03
Standardisation, EC/EU standards and trade mark, certification, compliance
3.40.03
Motor industry, cycle and motorcycle, commercial and agricultural vehicles
procedure/summary
  • See also Directive 2007/46/EC
  • See also Regulation (EU) 2016/1628
  • See also Regulation (EU) No 167/2013
  • See also Regulation (EU) No 168/2013
activities/0/docs/0/text
  • PURPOSE: to complement EU type-approval legislation with regard to the withdrawal of the United Kingdom from the Union.

    PROPOSED ACT: Regulation of the European Parliament and of the Council.

    ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.

    BACKGROUND: on 29 March 2017, the United Kingdom submitted the notification of its intention to withdraw from the Union pursuant to Article 50 of the Treaty on European Union. This means that, unless a ratified withdrawal agreement establishes another date, all Union primary and secondary law will cease to apply to the United Kingdom from 30 March 2019, ('the withdrawal date').  The United Kingdom will then become a third country. 

    Subject to any transitional arrangement that may be contained in a possible withdrawal agreement, the EU legislative framework governing type approval for a number of products will no longer apply to the United Kingdom.

    This also means that the United Kingdom type-approval authority will cease to be an EU type-approval authority. Manufacturers who obtained approvals in the United Kingdom in the past will thus need to obtain new approvals from EU-27 type approval authorities, including for products already in production, in order to ensure continued compliance with EU legislation and retain access to the Union market.

    While the legal framework for these products sets procedural requirements harmonising the way in which type-approvals are granted across the EU, some safeguards make it difficult for relevant manufacturers to take the necessary measures to ensure regulatory compliance and business continuity after the EU acquis ceases to apply to the United Kingdom. For example:

    • the EU type-approval system allows manufacturers to choose freely the type-approval authority to which they submit their type-approval applications. However, it does not allow for the change of the authority once an approval has been granted, and it is not possible for one authority to amend the approval issued by another authority;
    • the type-approval legislation requires that a type-approval authority may only accept test reports from technical services which the Member State to whom it belongs;
    • it is a fundamental principle of the type approval system that a product may only be approved against the requirements applicable to new types (as opposed to new vehicles) at the time when the approval is granted;
    • once the United Kingdom type-approval authority has ceased to be an EU type-approval authority, it can no longer ensure the conformity of production and in service conformity of products already in circulation;
    • responsible type-approval authority is also needed for the recall of a product that is not in conformity with safety or environmental requirements.

    These issues create significant legal uncertainty for manufacturers with United Kingdom type-approvals. Manufacturers should be able to continue the production of vehicles, systems, components and separate technical units previously based on approvals granted by the United Kingdom and to continue placing these products on the Union market. It is therefore necessary to allow manufacturers to obtain new approvals issued by the authorities of Member States of the Union other than the United Kingdom. 

    CONTENT: the proposed Regulation complements Directive 2007/46/EC, Regulation (EU) No 167/2013, Regulation (EU) No 168/2013 and Regulation (EU) 2016/1628 by establishing 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.

    The present proposal aims to address them by modifying temporarily and in a very targeted manner the existing rules to allow concerned manufacturers to obtain new EU-27 approvals that replace their existing UK type-approved products.

    Specifically, the proposal: 

    • explicitly allows concerned manufacturers to apply to an EU-27 type-approval authority for new approvals for existing types;
    • allows that tests underpinning the UK type approvals do not have to be repeated because the technical service was not designated and notified by the EU-27 type approval authority before;
    • provides that such approvals may be granted if the requirements for new vehicles, systems, components and separate technical units are met rather than those for new types;
    • proposes to help identify new type-approval authorities for those products already on the market prior to the withdrawal, to avoid that no authority would be in charge of carrying out in-service conformity checks or issuing a possible future recall. 

    The provisions proposed in the proposal will not lower the requirements regarding the safety or environmental performance of the vehicles, systems, components or separate technical units. It will not grant any advantages to manufacturers with UK type-approvals, compared to manufacturers with EU-27 type-approvals.

    On the contrary, the initiative will simply allow manufacturers to continue producing their products in compliance with applicable legal requirements without interrupting their existing production.

activities/1
date
2018-07-02T00:00:00
body
EP
type
Committee referral announced in Parliament, 1st reading/single reading
committees
activities/2
date
2018-11-13T00:00:00
body
EP
type
Indicative plenary sitting date, 1st reading/single reading
committees/0/date
2018-06-21T00:00:00
committees/0/rapporteur
  • group: EPP name: VĂLEAN Adina-Ioana
committees/1/date
2018-06-19T00:00:00
committees/1/rapporteur
  • group: S&D name: MIZZI Marlene
committees/1/shadows
  • group: EPP name: THUN UND HOHENSTEIN Róża Gräfin von
  • group: ALDE name: SELIMOVIC Jasenko
procedure/Mandatory consultation of other institutions
European Economic and Social Committee
procedure/dossier_of_the_committee
IMCO/8/13526
procedure/stage_reached
Old
Preparatory phase in Parliament
New
Awaiting committee decision
activities/0/commission/0
DG
Commissioner
BIEŃKOWSKA Elżbieta
other/0
body
EC
dg
commissioner
BIEŃKOWSKA Elżbieta
activities
  • date: 2018-06-04T00:00:00 docs: url: http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2018/0397/COM_COM(2018)0397_EN.pdf title: COM(2018)0397 type: Legislative proposal published celexid: CELEX:52018PC0397:EN body: EC type: Legislative proposal published commission:
committees
  • body: EP responsible: False committee_full: Environment, Public Health and Food Safety committee: ENVI
  • body: EP responsible: True committee_full: Internal Market and Consumer Protection committee: IMCO
  • body: EP responsible: False committee_full: Transport and Tourism committee: TRAN
links
other
    procedure
    reference
    2018/0220(COD)
    subtype
    Legislation
    legal_basis
    Treaty on the Functioning of the EU TFEU 114
    stage_reached
    Preparatory phase in Parliament
    summary
    instrument
    Regulation
    title
    Complementing EU type-approval legislation with regard to the withdrawal of the United Kingdom from the Union
    type
    COD - Ordinary legislative procedure (ex-codecision procedure)
    subject