OpenLegislation

Article 15 Transitional provisions

United Kingdom

Original text. Later amendments are not shown.

F11.

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F22.

With effect from 1 September 2017 in the case of categories M1, M2 and category N1 class I vehicles, and from 1 September 2018 in the case of N1 vehicles of class II and III and category N2 vehicles, F3the approval authority shall refuse, on grounds relating to emissions or fuel consumption, to grant F4GB type-approval, in respect to new vehicle types which do not comply with this Regulation.

F5With effect from 1 September 2019, the approval authority shall refuse, on grounds relating to emissions or fuel consumption, to grant GB type-approval, in respect to new vehicle types which do not comply with Annex VI. At the request of the manufacturer, until 31 August 2019 the evaporative emissions test procedure set out in Annex 7 to UNECE Regulation 83 or the evaporative emissions test procedure set out in in Annex VI of Regulation (EC) No 692/2008 may still be used for the purposes of type-approval under this Regulation.

3.

With effect from 1 September 2018 in the case of categories M1, M2 and category N1 class I vehicles, and from 1 September 2019 in the case of N1 vehicles of class II and III and category N2 vehicles, F6the Secretary of State shall, on grounds relating to emissions or fuel consumption, in the case of new vehicles which do not comply with this Regulation, consider certificates of conformity to be no longer valid for the purposes of F7Article 48 of Regulation (EU) 2018/858 and shall prohibit the registration, sale or entry into service of such vehicles.

For new vehicles registered before 1 September 2019 the evaporative emissions test procedure laid down in Annex 7 to UN/ECE Regulation 83 may, at the request of the manufacturer, be applied instead of the procedure laid down in Annex VI to this Regulation for the purposes of determining the evaporative emissions of the vehicle.

F8With the exception of vehicles approved for evaporative emissions under the procedure laid down in Annex VI of Regulation (EC) No 692/2008, with effect from 1 September 2019, F9the registration, sale or entry into service of new vehicles that do not comply with Annex VI to this Regulation is prohibited.

4.

Until three years after the dates specified in Article 10(4) of Regulation (EC) No 715/2007 in the case of new vehicle types and four years after the dates specified in Article 10(5) of that Regulation in the case of new vehicles, the following provisions shall apply:

F10(a)

the requirements of point 2.1 of Annex IIIA with the exception of the requirements for the number of particles (PN) shall not apply;

(b)

the requirements of Annex IIIA other than that in point 2.1, including the requirements with regard to RDE tests to be performed and data to be recorded and made available, shall apply only to new type approvals granted in accordance with Regulation (EC) No 715/2007 from 27 July 2017;

(c)

the requirements of Annex IIIA shall not apply to type approvals granted to small volume manufacturers.

(F11d)

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(e)

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F12Where a vehicle was type-approved in accordance with the requirements of Regulation (EC) No 715/2007 and its implementing legislation prior to 1 September 2017 in the case of category M and category N1 class I vehicles, or prior to 1 September 2018 in the case of category N1 class II and III and category N2 vehicles, it shall not be considered as belonging to a new type for the purpose of the first subparagraph. The same shall apply also where new types are created out of the original type exclusively due to the application of the new type definition in Article 2(1) of this Regulation. In these cases, the application of this subparagraph shall be mentioned in Section II. 5 Remarks of the F13GB type-approval certificate, set out in Appendix 4 of Annex I to Regulation (EU) 2017/1151, including a reference to the previous type-approval.

5.

Until 8 years after the dates given in Article 10(4) of Regulation (EC) No 715/2007:

(a)

type 1/I tests performed in accordance with Annex III to Regulation (EC) No 692/2008 until 3 years after the dates specified in Article 10(4) of Regulation (EC) No 715/2007 shall be recognised by the approval authority for the purposes of producing deteriorated or defective components to simulate failures for assessing the requirements of Annex XI to this Regulation;

(b)

with respect to vehicles of a WLTP interpolation family which fulfil the extension rules specified in point 3.1.4 of Annex I of Regulation (EC) No 692/2008, procedures performed in accordance with Section 3.13 of Annex III to Regulation (EC) No 692/2008 until 3 years after the dates given in Article 10(4) of Regulation (EC) No 715/2007 shall be accepted by the approval authority for the purposes of fulfilling the requirements of Appendix 1 to Sub-Annex 6 to Annex XXI of this Regulation;

F14(c)

durability demonstrations where the first type 1/I test was performed and completed in accordance with Annex VII to Regulation (EC) No 692/2008 until 3 years after the dates specified in Article 10(4) of Regulation (EC) No 715/2007 shall be recognised by the approval F15authority as equivalent for the purposes of fulfilling the requirements of Annex VII to this Regulation.

For the purposes of this point, the possibility to use test results from procedures performed and completed in accordance with Regulation (EC) No 692/2008 shall only be applicable to those vehicles of a WLTP interpolation family which fulfil the extension rules specified in point 3.3.1 of Annex I of Regulation (EC) No 692/2008.

F166.

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7.

Until 5 years and 4 months following the dates specified in Article 10(4) and (5) of Regulation (EC) No 715/2007 the requirements of Point 2.1 of Annex IIIA shall not apply to emission type-approvals according to Regulation (EC) No 715/2007 granted to small volume manufacturers as defined in Article 2(32). However in the period between 3 years and 5 years and 4 months following the dates specified in Article 10(4) and between 4 years and 5 years 4 months following the dates specified in Article 10(5) of Regulation (EC) No 715/2007, small volume manufacturers shall monitor and report the RDE values of their vehicles.

8.

Part B of Annex II shall apply to categories M1, M2 and category N1 class I based on types approved from 1 January 2019, and for category N1 class II and III and category N2 based on types approved from 1 September 2019. It shall also apply to all vehicles registered from 1 September 2019 for categories M1, M2 and category N1 class I, and to all vehicles registered from 1 September 2020 for category N1 class II and III and category N2. In all other cases Part A of Annex II shall apply.

9.

With effect from 1 January 2020 in the case of vehicles as referred to in Article 4a of categories M1 and N1, class I, and from 1 January 2021 in the case of vehicles as referred to in Article 4a of category N1 vehicles, classes II and III, F17the approval authority shall refuse, on grounds relating to emissions or fuel consumption, to grant F18GB type-approval in respect of new vehicle types which do not meet the requirements laid down in Article 4a.

With effect from 1 January 2021, in the case vehicles as referred to in Article 4a of categories M1 and N1, class I, and from 1 January 2022 in the case of vehicles as referred to in Article 4a of category N1 vehicles, classes II and III, F19the registration, sale or entry into service of new vehicles that do not comply with that Article is prohibited.

10.

With effect from 1 September 2019 F20the registration, sale or entry into service of new vehicles that do not comply with the requirements set out in Annex VIII of Commission Implementing Regulation (EU) 2020/683 is prohibited.

For all vehicles registered between 1 January and 31 August 2019 under new type approvals granted in the same period and where the information listed in Annex IX of the Directive 2007/46/EC as amended by Regulation (EU) 2018/1832 is not yet included in the Certificate of Conformity, the manufacturer shall make this information available free-of-charge within 5 working days of the request by an accredited lab or technical service for the purposes of testing under Annex II.

11.

The requirements of Article 4a shall not apply to type approvals granted to small volume manufacturers.

Annotations

Textual amendments

F1

Art. 15(1) omitted (31.12.2022 at 11.00 p.m.) by virtue of The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 80(15)(a)

F2

Substituted by Commission Regulation (EU) 2017/1347 of 13 July 2017 correcting Directive 2007/46/EC of the European Parliament and of the Council, Commission Regulation (EU) No 582/2011 and Commission Regulation (EU) 2017/1151 supplementing Regulation (EC) No 715/2007 of the European Parliament and of the Council on type-approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6) and on access to vehicle repair and maintenance information, amending Directive 2007/46/EC of the European Parliament and of the Council, Commission Regulation (EC) No 692/2008 and Commission Regulation (EU) No 1230/2012 and repealing Regulation (EC) No 692/2008 (Text with EEA relevance).

F3

Words in Art. 15(2) substituted (31.12.2022 at 11.00 p.m.) by The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 80(15)(b)(i)

F4

Words in Art. 15(2) substituted (31.12.2022 at 11.00 p.m.) by The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 80(15)(b)(ii)

F5

Substituted by Commission Regulation (EU) 2018/1832 of 5 November 2018 amending Directive 2007/46/EC of the European Parliament and of the Council, Commission Regulation (EC) No 692/2008 and Commission Regulation (EU) 2017/1151 for the purpose of improving the emission type approval tests and procedures for light passenger and commercial vehicles, including those for in-service conformity and real-driving emissions and introducing devices for monitoring the consumption of fuel and electric energy (Text with EEA relevance).

F6

Words in Art. 15(3) substituted (31.12.2022 at 11.00 p.m.) by The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 80(15)(c)(i)(aa)

F7

Words in Art. 15(3) substituted (31.12.2022 at 11.00 p.m.) by The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 80(15)(c)(i)(bb)

F8

Inserted by Commission Regulation (EU) 2018/1832 of 5 November 2018 amending Directive 2007/46/EC of the European Parliament and of the Council, Commission Regulation (EC) No 692/2008 and Commission Regulation (EU) 2017/1151 for the purpose of improving the emission type approval tests and procedures for light passenger and commercial vehicles, including those for in-service conformity and real-driving emissions and introducing devices for monitoring the consumption of fuel and electric energy (Text with EEA relevance).

F9

Words in Art. 15(3) substituted (31.12.2022 at 11.00 p.m.) by The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 80(15)(c)(ii)

F10

Substituted by Commission Regulation (EU) 2017/1154 of 7 June 2017 amending Regulation (EU) 2017/1151 supplementing Regulation (EC) No 715/2007 of the European Parliament and of the Council on type-approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6) and on access to vehicle repair and maintenance information, amending Directive 2007/46/EC of the European Parliament and of the Council, Commission Regulation (EC) No 692/2008 and Commission Regulation (EU) No 1230/2012 and repealing Regulation (EC) No 692/2008 and Directive 2007/46/EC of the European Parliament and of the Council as regards real-driving emissions from light passenger and commercial vehicles (Euro 6) (Text with EEA relevance).

F11

Deleted by Commission Regulation (EU) 2018/1832 of 5 November 2018 amending Directive 2007/46/EC of the European Parliament and of the Council, Commission Regulation (EC) No 692/2008 and Commission Regulation (EU) 2017/1151 for the purpose of improving the emission type approval tests and procedures for light passenger and commercial vehicles, including those for in-service conformity and real-driving emissions and introducing devices for monitoring the consumption of fuel and electric energy (Text with EEA relevance).

F12

Inserted by Commission Regulation (EU) 2017/1154 of 7 June 2017 amending Regulation (EU) 2017/1151 supplementing Regulation (EC) No 715/2007 of the European Parliament and of the Council on type-approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6) and on access to vehicle repair and maintenance information, amending Directive 2007/46/EC of the European Parliament and of the Council, Commission Regulation (EC) No 692/2008 and Commission Regulation (EU) No 1230/2012 and repealing Regulation (EC) No 692/2008 and Directive 2007/46/EC of the European Parliament and of the Council as regards real-driving emissions from light passenger and commercial vehicles (Euro 6) (Text with EEA relevance).

F13

Words in Art. 15(4) substituted (31.12.2022 at 11.00 p.m.) by The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 80(15)(d)

F14

Inserted by Commission Regulation (EU) 2017/1347 of 13 July 2017 correcting Directive 2007/46/EC of the European Parliament and of the Council, Commission Regulation (EU) No 582/2011 and Commission Regulation (EU) 2017/1151 supplementing Regulation (EC) No 715/2007 of the European Parliament and of the Council on type-approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6) and on access to vehicle repair and maintenance information, amending Directive 2007/46/EC of the European Parliament and of the Council, Commission Regulation (EC) No 692/2008 and Commission Regulation (EU) No 1230/2012 and repealing Regulation (EC) No 692/2008 (Text with EEA relevance).

F15

Word in Art. 15(5)(c) substituted (31.12.2022 at 11.00 p.m.) by The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 80(15)(e)

F16

Art. 15(6) omitted (31.12.2022 at 11.00 p.m.) by virtue of The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 80(15)(f)

F17

Words in Art. 15(9) substituted (31.12.2022 at 11.00 p.m.) by The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 80(15)(g)(i)(aa)

F18

Words in Art. 15(9) substituted (31.12.2022 at 11.00 p.m.) by The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 80(15)(g)(i)(bb)

F19

Words in Art. 15(9) substituted (31.12.2022 at 11.00 p.m.) by The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 80(15)(g)(ii)

F20

Words in Art. 15(10) substituted (31.12.2022 at 11.00 p.m.) by The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 80(15)(h)