Background
The United Kingdom of Great Britain and Northern Ireland (hereinafter referred to as ‘United Kingdom’ or ‘UK’) had in 2017 notified its intention to withdraw from the European Union (hereinafter referred to as ‘EU’ or ‘Union’), triggering a process commonly referred to as Brexit.
Following a series of developments, the UK left the Union on 1 February 2020, and became a ‘third country’, i.e., a country not member of the EU, subject to the dedicated Withdrawal Agreement [1] (hereinafter referred to as ‘Withdrawal Agreement’) which ensures an orderly departure and legal certainty in important areas.
The Withdrawal Agreement, amongst others, established a time-limited transition period, from 1 February 2020 until 31 December 2020, during which Union law, with certain exceptions not relevant in the context of this communication, remains applicable to and in the UK. Moreover, during this transition period, the UK continues to, amongst others, participate in the EU’s Single Market and Customs Union.
Article 132 of the Withdrawal Agreement foresaw the possibility of an extension to the above-mentioned transition period, if a decision about the matter was adopted before 1 July 2020. However, such extension was not decided and hence the transition period ends on 31 December 2020.
Consequently, and irrespective of any ongoing negotiations between the EU and the UK or any agreement on a future partnership between the EU and the UK, all stakeholders should be aware of and be prepared for the significant changes occurring in any event as from 1 January 2021, 00:00h Central European Time (CET).
Brexit has its consequences, not only for the EU and national authorities but also for private parties, including importers, distributors, manufacturers, manufacturer’s representatives, and other interested stakeholders.
Important information from the European Commission about changes taking place in any event as of 1 January 2021, 00:00h CET, may be found in document COM/2020/324 final: Getting ready for changes - Communication on readiness at the end of the transition period between the European Union and the United Kingdom and/or through the webpage Getting ready for the end of the transition period.
Concerning ‘automotive items’ [2], we, the Technical Regulations Division within the Malta Competition and Consumer Affairs Authority (MCCAA), have updated this communication, which briefly informs about Brexit related updates in Union type-approval legislation, consequences, and legal changes relevant to type-approval aspects.
We urge all stakeholders within the scope of this communication to read the following text and the herein indicated material, and to contact us on info@mccaa.org.mt for clarifications.
Objectives of this communication
Note
This communication does not apply to:
Stakeholders within the scope of this communication
This communication is relevant to all economic operators (i.e., importers, distributors, manufacturers, or manufacturer’s representatives), private individuals, organisations, associations, authorities, or other interested parties that deal in:
hereinafter collectively referred to as ‘automotive items’ or, when referring to any single unit, as ‘automotive item’.
Definitions for the purposes of this communication
Without prejudice to any existing and the additional definitions in applicable legislation or in relevant documentation, for the purposes of this communication:
Regulation (EU) 2019/26
Regulation (EU) 2019/26 [13] is Union legislation relevant to type-approval that specifically addresses issues arising from Brexit. It entered into force on 13 January 2019, is binding in its entirety, and directly applicable in all Member States, including Malta.
Regulation (EU) 2019/26 includes several provisions, amongst others, about the end of validity of UK type-approvals and about placing on the market, relevant to any automotive item thus far covered by and produced on the basis of a UK type-approval.
We urge all relevant stakeholders to read Regulation (EU) 2019/26 and to act accordingly, as necessary. Regulation (EU) 2019/26 may be accessed using this link.
Note
All provisions of Union type-approval legislation not derogated from in Regulation (EU) 2019/26 shall continue to apply.
Readiness Notice to Stakeholders - automotive items
The European Commission has replaced the previously notified Preparedness notices concerning automotive items, as well as the related Questions and Answers document, with a consolidated (Readiness) Notice to stakeholders (dated 14 July 2020).
This (Readiness) Notice to stakeholders concerning automotive items:
We urge all relevant stakeholders to read the updated and consolidated (Readiness) Notice to stakeholders concerning automotive items, which may be accessed using this link and to act accordingly, as necessary.
Note
The (Readiness) Notice to stakeholders uses throughout its content the terminology “motor vehicles” (see the first paragraph in its Part A) to refer to automotive items (as described and used in this communication).
General consequences of Brexit in what concerns automotive items
The following text, which aims to provide brief and simple general indications mainly intended for but not limited to stakeholders importing (importers) or distributing (distributors) automotive items in Malta, is without prejudice to Regulation (EU) 2019/26 and all other applicable legislation as well as to the indications in the aforementioned consolidated (Readiness) Notice to stakeholders of the European Commission, and is not a direct or exhaustive replacement of the contents of those documents.
All stakeholders, and especially those involved in activities not in the focus of this section (e.g., export of automotive items to the UK) or those interested in aspects not addressed in this communication (e.g., Customs regulations), are advised to refer to Regulation (EU) 2019/26 and other applicable legislation as well as to other material mentioned in this communication for more details.
The following text is also without prejudice to the Withdrawal Agreement and additionally, does not take into account the rules applicable in Northern Ireland as of the end of the transition period – refer to the dedicated section in this communication.
Moreover, the following text assumes that placing on the market always occurs before registration or entry into service.
The most pertinent to mention (for the purposes of this communication) consequences of Brexit, in what concerns automotive items, may be briefly summarised as follows:
Notes
Legally binding changes as from the end of the transition period
The following text, which aims to provide brief and simple general indications mainly intended for but not limited to stakeholders importing (importers) or distributing (distributors) automotive items in Malta, is without prejudice to Regulation (EU) 2019/26 and all other applicable legislation as well as to the indications in the aforementioned consolidated (Readiness) Notice to stakeholders of the European Commission, and is not a direct or exhaustive replacement of the contents of those documents.
All stakeholders, and especially those involved in activities not in the focus of this section (e.g., export of automotive items to the UK) or those interested in aspects not addressed in this communication (e.g., Customs regulations), are advised to refer to Regulation (EU) 2019/26 and other applicable legislation as well as to other material mentioned in this communication for more details.
The following text is also without prejudice to the Withdrawal Agreement and additionally, does not take into account the rules applicable in Northern Ireland as of the end of the transition period – refer to the dedicated section in this communication.
Moreover, the following text assumes that placing on the market always occurs before registration or entry into service.
In general:
Notes
Recognising the type-approval number or type-approval mark pertaining to UK type-approval (EC type-approval or EU type-approval)
In general, a UK type-approval may be recognised from the type-approval number or from the type-approval mark; both of which include, amongst other requirements, the lower-case alphabetical letter ‘e’ followed by the number ‘11’ (eleven). Where required on components or separate technical units, a rectangle surrounds the marking ‘e11’, as shown in the example below.
Note
UNECE approvals granted by the UK may be recognised from the approval number or from the approval mark; both of which include, amongst other requirements, the capital letter 'E' followed by the number ‘11’ (eleven). Where required, the approval mark for UNECE approvals granted by the UK consists of a circle surrounding the marking ‘E11’.
Rules applicable in Northern Ireland as of the end of the transition period
The Withdrawal Agreement includes a Protocol on Ireland/Northern Ireland (hereinafter referred to as ‘IE/NI Protocol’) and references thereto, with rules applicable in Northern Ireland as of the end of the transition period. [14]
The IE/NI Protocol applies for an initial period extending to four years after the end of the transition period and its continued application following the initial period is subject to periodic consent of the Northern Ireland Legislative Assembly.
Consequently, any stakeholder relying on the provisions of the IE/NI protocol has the responsibility, and is advised, to follow related developments to ensure whether those provisions continue to be applicable and to act accordingly.
The following text, which is without prejudice to the contents of the Withdrawal Agreement and to the indications in the aforementioned (Readiness) Notice to stakeholders of the European Commission and in other material mentioned in this communication, is limited to only the most pertinent type-approval related information of a practical nature, which may be relevant to stakeholders importing (importers) or distributing (distributors) automotive items in Malta.
All stakeholders, and especially those involved in activities not necessarily considered in this section (e.g., export of automotive items to the UK, or trade in automotive items inside or with Northern Ireland) as well as those interested in aspects not addressed in this communication (e.g., Customs regulations), are advised to refer to the Withdrawal Agreement, the aforementioned (Readiness) Notice to stakeholders of the European Commission, and other material mentioned in this communication.
As long as the IE/NI Protocol or its relevant provisions apply:
Other relevant reading material
Read more from the European Commission:
References and Footnotes
[1] Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community (OJ L 29, 31.1.2020, p. 7).
[2] Refer to section with title, “Stakeholders within the scope of this communication”, in this communication.
[3] For information and clarifications concerning second-hand vehicles, refer to Transport Malta – Web: www.transport.gov.mt; E-mail: info.tm@transport.gov.mt
[4] For information and clarifications concerning EU rules on road haulage, refer to Transport Malta – Web: www.transport.gov.mt; E-mail: info.tm@transport.gov.mt
[5] For information and clarifications concerning EU rules on CO2 emissions from passenger cars and light commercial vehicles, refer to the Environment and Resources Authority – Web: https://era.org.mt/
[6] Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles, amending Regulations (EC) No 715/2007 and (EC) No 595/2009 and repealing Directive 2007/46/EC (OJ L 151, 14.6.2018, p. 1).
[7] Directive 2007/46/EC of the European Parliament and of the Council of 5 September 2007 establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles (Framework Directive) (OJ L 263, 9.10.2007, p. 1).
[8] Directive 2007/46/EC was repealed with effect from 1 September 2020 and replaced by Regulation (EU) 2018/858.
[9] Regulation (EU) No 168/2013 of the European Parliament and of the Council of 15 January 2013 on the approval and market surveillance of two- or three-wheel vehicles and quadricycles (OJ L 60, 2.3.2013, p. 52).
[10] Regulation (EU) No 167/2013 of the European Parliament and of the Council of 5 February 2013 on the approval and market surveillance of agricultural and forestry vehicles (OJ L 60, 2.3.2013, p. 1).
[11] Regulation (EU) 2016/1628 of the European Parliament and of the Council of 14 September 2016 on requirements relating to gaseous and particulate pollutant emission limits and type-approval for internal combustion engines for non-road mobile machinery, amending Regulations (EU) No 1024/2012 and (EU) No 167/2013, and amending and repealing Directive 97/68/EC (OJ L 252, 16.9.2016, p. 53).
[12] For information on placing on the market specific to this communication, refer to Part B of the consolidated (Readiness) Notice to stakeholders of 14 July 2020. For more generic information on placing on the market, see section 2.3 of Commission Notice 2016/C 272/01 "The Blue Guide on the implementation of EU product rules 2016", (OJ C 272, 26.7.2016, p. 1).
[13] Regulation (EU) 2019/26 of the European Parliament and of the Council of 8 January 2019 complementing Union type-approval legislation with regard to the withdrawal of the United Kingdom from the Union (OJ L 8I, 10.1.2019, p. 1).
[14] For more information about the Protocol on Ireland/Northern Ireland and the rules applicable in Northern Ireland as of the end of the transition period, refer to the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community (OJ L 29, 31.1.2020, p. 7), to Part C of the consolidated (Readiness) Notice to stakeholders of 14 July 2020, and to document COM/2020/324 final.
[15] Where Union law made applicable by the IE/NI Protocol or technical constraints require the indication for Northern Ireland in the form of a numeric code, it shall be indicated with a distinguishable (and not otherwise attributed) numeric code.