The Committee on the Internal Market and
Consumer Protection adopted the report by Marlene MIZZI (S&D,
MT) on the proposal for a regulation of the European Parliament and
of the Council complementing EU type-approval legislation with
regard to the withdrawal of the United Kingdom from the
Union.
To recap, the proposal aims to complement EU
type-approval legislation with regard to the withdrawal of the
United Kingdom from the Union. Indeed, the EU legislative framework
governing the registration of a number of products will no longer
apply in the United Kingdom at the date of withdrawal.
In order to remove the legal uncertainty for
manufacturers which have been granted British type-approval, the
proposal aims to:
- allow the manufacturers concerned to contact the EU-27
type-approval authority of their choice to ensure that the Union
recognises approvals previously granted by a UK type-approval
authority;
- allow the recognition of previous tests carried out by
the UK type-approval authorities, while allowing the EU
type-approval authorities to require new tests to be carried
out;
- to preserve the Union's safety and quality
standards.
The committee responsible recommended that the
European Parliament's position adopted at first reading under the
ordinary legislative procedure should amend the Commission's
proposal.
The proposed amendments aim to:
- introduce a reference to applications for approval in
the context of systems, components, vehicles and engines in order
to ensure that the text will cover all categories that may require
Union type approval;
- invite manufacturers to comply with the request of the
Union type-approval authority and ensure that the Union
type-approval authority receives and analyses all available
information before accepting a UK type-approval;
- clarify that the Union type-approval authority
referred to is the same as the one that will issue the
type-approval certificate;
- specify that the United Kingdom type-approval will
become invalid at the latest on the day on which the United Kingdom
withdraws from the Union or, if the Union and the United Kingdom
agree on a transitional period in the context of the withdrawal
agreement, following the last day of the transitional period.
Before that date, it shall become invalid on the day on which the
Union type-approval takes effect;
- specify that the Union type-approval authority will be
responsible for vehicles, systems, components and separate
technical units manufactured on the basis of the United Kingdom
type-approval and placed or to be placed on the market, registered
or put into service in the Union in accordance with the provisions
of the Regulation;
- ensure that a market surveillance authority will cover
vehicles, systems, components or separate technical units, which
may be in an uncertain situation after the invalidation of the
United Kingdom approval as a result of the granting of an EU type
approval, and specify that manufacturers will have to provide an
additional certificate of conformity so that the new type approval
authority is in a position to assume responsibility for these
vehicles;
- point out that the Union type-approval authority will
not be held liable for the acts or omissions of the United Kingdom
type-approval authority;
- provide that the Regulation should not exclude the
placing on the market, registration or entry into service of
engines or non-road vehicles and mobile machinery on which such
engines are installed conforming to a type for which British
type-approval has lapsed before the day on which Union law ceased
to apply to and in the United Kingdom.