New Vehicle-Type Approval post Brexit
The EU is preparing a regulation to introduce the necessary adaptations in this area and has published a roadmap outlining the objectives and principles of the upcoming regulation.
- The regulation would authorise manufacturers whose products were type-approved in the UK to apply for a new TA in an EU-27 country. Without a regulatory adaptation, this would not be possible as applying to different national authorities for the same type of vehicle is prohibited to avoid “type-approval shopping”
- The European Commission also intends to authorise manufacturers to re-use test reports produced by VCA when re-applying with a different TA authority in the EU-27 (if the tested requirements have not changed)
- The obligation for manufacturers who had a UK-delivered TA to have their products type-approved again in the EU-27 puts them at a disadvantage regarding new requirements that have been introduced since the initial TA decision: when a new feature becomes mandatory under EU law, it becomes mandatory for new types of vehicles. But it does not become mandatory for vehicles whose type has already been approved (even newly registered vehicles of that existing type). Unlike their competitors, manufacturers holding a UK TA will automatically fail in the first category. The upcoming regulation would make an exception in order to maintain a level playing field: TA processes carried out in replacement of a UK TA could be exempted from the new requirements that were introduced after the date of the initial UK decision
- Once vehicles are in circulation, EU rules provide for a market surveillance mechanism whereby a national authority checks that vehicles match the sample models that were type-approved and that vehicles comply with all standards. Under current terms, this mission is carried out by the national market surveillance authority (in the UK, DVSA) of the country where the TA was delivered. Post Brexit, DVSA will no longer be an EU market surveillance authority and the regulation proposal transfers this responsibility to EU-27 TA authorities for the new TAs they will have issued as a replacement for VCAs.
For more information, please contact Sarah Laouadi.
Source: European Commission