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R(EU) 2018/858 - Applicable on a mandatory basis to all EU type approvals from today

As you all know, today (1  September  2020)  a new EU type-approval  framework regulation (Regulation  (EU) 2018/858) will replace the current type-approval Directive 2007/46/EC.

The new  Regulation  (EU) 2018/858 apply to all type approvals on a mandatory basis from 1  September 2020. However, the  new regulation will not  invalidate any  whole-vehicle type-approval or EU type-approval granted to vehicles or to systems, components or separate technical units by 31 August 2020.

Between 2010 and 2013, the European Commission reviewed 2007/46/EC and its implementation and undertook a specific "Fitness Check" on this Directive. One of the main deficiencies noted during these reviews was that such Directive does not include sufficient requirements on market surveillance, i.e. compliance checks on production vehicles and components being placed on the market to verify their compliance with the type approval requirements. Therefore, it was decided that a new Regulation should be issued to repeal and replace 2007/46/EC which would include market surveillance requirements similar to those that had been introduced into the revised type approval framework Regulations on tractors and on motor cycles in 2013; EU Regulation No's 167/2013 and 168/2013 respectively.

This new Regulation contains major revisions to the applicable processes and procedures and introduces numerous additional checks to ensure the robustness of the type approval process:

Name

Directive 2007/46/EC

Regulation (EU) 2018/858

EU States national law

Directives need to be transposed into EU States national law to give further effect

Regulations apply directly to Member States. 

Type of approvals available

European Communities Whole-Vehicle Type-Approval (ECWVTA)

European Union Whole-Vehicle Type-Approval (EUWVTA)

European Small Series Type-Approval

European Small Series Type-Approval (ESSTA)

National Small Series Type-Approval

National Small Series Type-Approval

Individual Vehicle Approval (Member States)

National Individual Vehicle Approval

European Individual Vehicle Approval

CoC

Certificate of Conformity (CoC) to accompany vehicle (format not specified)

Paper CoC must accompany the vehicle

Electronic CoC an optional alternative from 5 July 2026

Market surveillance and vehicle recall

No reference to market surveillance

National authorities (type-approval authorities, market surveillance authority, border control and registration authorities) can order a recall.

Only the issuing type-approval authoritycan order a recall

 
In the upcoming months new Delegated and Implementing Acts will be issued for complementing and updating the different articles and annexes of the Regulation.

From IRIS we will keep you up to date with the new requirements to be issued.

Feel free to contact us for further information you may require.


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