This communication is relevant to all economic operators (i.e., importers, distributors, manufacturers, or manufacturer’s representatives), organisations, associations, authorities, or interested parties that deal in (new) motor vehicles and their trailers; certain vehicles; systems, components, and separate technical units intended for such vehicles; and engines for non-road mobile machinery, (hereinafter collectively referred to as “automotive items”) which are within the scope of Directive 2007/46/EC [1], Regulation (EU) No 167/2013 [2], Regulation (EU) No 168/2013 [3], or Regulation (EU) 2016/1628 [4].

 

The United Kingdom (UK) had in 2017 notified its intention to withdraw from the European Union (hereinafter referred to as EU or Union). Following specific developments since then, including the extensions granted in European Council Decision (EU) 2019/476 [5], European Council Decision (EU) 2019/584 [6], and European Council Decision (EU) 2019/1810 [7], the UK and the EU have on 30 January 2020 concluded the ratification process of the applicable withdrawal agreement (hereinafter referred to as the “Withdrawal Agreement”).

The Withdrawal Agreement [8] establishes a time-limited transition period beginning on the date of its entry into force, i.e., on 1 February 2020, and that, unless an extension is agreed before 1 July 2020, ends on 31 December 2020. Article 127 of the Withdrawal Agreement indicates, “Unless otherwise provided in this Agreement, Union law shall be applicable to and in the United Kingdom during the transition period.”

Brexit, as the withdrawal of the UK from the EU is commonly referred to, 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.

In this context, we, the Technical Regulations Division within the Malta Competition and Consumer Affairs Authority (MCCAA), urge all stakeholders within the scope of this communication to read thoroughly the following text and the herein indicated material, and to contact us on info@mccaa.org.mt for any clarifications.

Concerning automotive items, the European Commission published Brexit preparedness notices concerning type-approval of motor vehicles and type-approval of certain vehicles and engines. 

As for Union legislation relevant to type-approval that specifically addresses issues arising from Brexit, 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 [9], was officially published on 10 January 2019 and entered into force on 13 January 2019. That Regulation 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 (i.e., EC type-approval or EU type-approval granted by the UK) 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.

Note that Union type-approval legislation allows manufacturers the freedom to obtain type-approvals from any type-approval authority of the EU, and to appoint relevant representatives established anywhere in the EU.
Therefore, the consequences of Brexit, or more precisely, the indications in Regulation (EU) 2019/26 and in the above-mentioned Brexit preparedness notices, are not limited to manufacturers or automotive items from the UK, but may affect any economic operator, irrespective of whether the respective manufacturer of the automotive item is established in the UK, in the EU-27 (i.e., the EU without the UK), or outside of the EU and the UK.

Notes

• All provisions of Union type-approval legislation not derogated from in Regulation (EU) 2019/26 shall continue to apply.
• Without prejudice to other provisions in the Withdrawal Agreement, Union type-approval legislation will remain applicable to and in the UK during the transition period.
• For information and clarifications concerning second-hand vehicles, refer to Transport Malta – Web: www.transport.gov.mt; E-mail: info.tm@transport.gov.mt
• Without prejudice to other applicable laws (e.g., Customs regulations), automotive related approvals granted by the UK according to Regulations developed by the United Nations Economic Commission for Europe (UNECE) are not affected by Brexit and are not within the scope of this communication.
• Stakeholders are reminded to take into consideration all other applicable legal changes arising from Brexit.

 

 

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 (EC type-approval or EU type-approval granted by the UK) 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 are, without prejudice to other applicable laws, not affected by Brexit, and 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’.

 

 

Other relevant reading material

Read more - European Commission about Brexit and Brexit preparedness

 

 

References

[1]    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, OJ L 263, 9.10.2007, p. 1.

[2]    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.

[3]    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.

[4]    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.

[5]    European Council Decision (EU) 2019/476 taken in agreement with the United Kingdom of 22 March 2019 extending the period under Article 50(3) TEU, OJ L 80I, 22.3.2019, p. 1.

[6]    European Council Decision (EU) 2019/584 taken in agreement with the United Kingdom of 11 April 2019 extending the period under Article 50(3) TEU, OJ L 101, 11.4.2019, p. 1.

[7]    European Council Decision (EU) 2019/1810 taken in agreement with the United Kingdom of 29 October 2019 extending the period under Article 50(3) TEU, OJ L 278I, 30.10.2019, p. 1.

[8]    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.

[9]     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.