# Commission Regulation (EU) No 347/2012 of 16 April 2012 implementing Regulation (EC) No 661/2009 of the European Parliament and of the Council with respect to type-approval requirements for certain categories of motor vehicles with regard to advanced emergency braking systems, Article 3: Obligations of the Secretary of State

Extent: E+W+S+N.I.

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3. With effect from 1 November 2016 the approval authority shall refuse, on grounds relating to the AEBS, to grant GB type-approval ... in respect of new types of vehicle which do not comply with the requirements set out in Annexes II and III, including the approval level 2 requirements in Annex II and the pass/fail criteria set out Appendix 2 to that Annex.
4. With effect from 1 November 2018, the Secretary of State shall, on grounds relating to the AEBS, consider certificates of conformity in respect of new vehicles to be no longer valid for the purposes of Article 48 of Regulation (EU) 2018/858, and prohibit the registration, sale and entry into service of such vehicles, where such vehicles do not comply with the requirements set out in Annexes II and III, including the approval level 2 requirements in Annex II and the pass/fail criteria set out in Appendix 2 to that Annex.
5. Without prejudice to paragraphs 1 to 4, the Secretary of State may not, on grounds relating to the AEBS:
(a) refuse to grant GB type-approval ... for a new type of vehicle where that vehicle complies with Regulation (EC) No 661/2009 and this Regulation;
(b) prohibit the registration, sale or entry into service of a new vehicle where that vehicle complies with Regulation (EC) No 661/2009 and this Regulation;
(c) grant GB type-approval ... according to approval level 2 for a new type of vehicle of category M2 and of category N2 with a maximum mass not exceeding 8 tonnes, until the pass/fail values for the warning and activation test requirements have been specified in accordance with Article 5.

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Source: https://www.legislation.gov.uk/eur/2012/347/article/3 (the official version)
Page: https://openlegislation.uk/eu-regulation-2012-347/article-3
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.