Eleventh Report Contents

Proposed Negative Statutory Instruments under the European Union (Withdrawal) Act 2018

Instruments recommended for upgrade to the affirmative resolution procedure

Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment) (EU Exit) Regulations 2018

Date laid: 11 December 2018

Sifting period ends: 10 January 2019

1.Type-approval is the process by which manufacturers of vehicles and components show they are compliant with safety and environmental standards. To sell and register these products in the EU, they must hold a European Community type-approval (EC type-approval) issued by the responsible authority in an EU Member State (the Vehicle Certification Agency (VCA) in the UK). In the event of ‘no deal’ with the EU, EC type-approvals issued in another Member State will no longer be accepted in the UK. Manufacturers holding an EC type-approval will be issued with a Provisional UK type-approval during a transitional period of two years. During this period, manufacturers can apply to the VCA for a full conversion of their EC type-approval to a UK type-approval. The Government will undertake a review of the UK’s type-approval arrangements and will bring forward legislation in due course. The Department for Transport (DfT) has estimated that “there are around 300 approval holders (manufacturers and companies modifying vehicles) currently registering motor vehicles of the relevant categories” and “the total number of type approvals (i.e. different models) involved is estimated to be around 3500.” DfT confirms that the “total cost to VCA has been estimated at £0.7m, to convert existing EC type-approvals into Provisional UK type-approvals” and “VCA’s internal costs will be covered by Government and not billed to manufacturers.” The Government’s technical guidance1 explains that “Manufacturers currently holding a VCA-issued EC type-approval, who intend to continue placing their products on the EU market, must obtain a new EC type-approval from a type-approval authority in an EU country.” However, DfT has confirmed that “The Commission’s proposed regulation to allow the transfer of EU approvals issued by the VCA to an EU27 approval authority is nearly complete.” Given the potential impact on manufacturers, the House may wish to have the opportunity to debate this instrument. The Committee therefore recommends that this proposed negative instrument be upgraded to the affirmative resolution procedure.

Proposed Negative Statutory Instruments about which no recommendation to upgrade is made

1 HM Government, Vehicle type approval if there’s no Brexit deal (13 September 2018): https://www.gov.uk/government/publications/vehicle-type-approval-if-theres-no-brexit-deal [accessed 4 January 2019].

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