IE
S.I. No. 420/2011 - European Communities (Road Vehicles: Entry into Service) (Amendment) Regulations 2011.
Table of Provisions (30)
Statutory Text (30 Articles)
1. 1.1995
Directive 2001/43/EC of the European Parliament and of the Council of 27 June 2001
L 211
25
2. The European Communities (Road Vehicles: Entry into Service) Regulations 2009 (
S.I. No.157 of 2009
) are amended—
(
a
) by substituting for Regulation 7 the following
“7.(1) Notwithstanding Regulations 4 and 5, the RSA may, upon the application of a manufacturer or distributor in respect of an end-of-series vehicle, grant an exemption whereby the certificate of conformity that is issued for the relevant vehicle is acceptable for the purpose of making a declaration for registration for a period of 12 months from the date that that certificate ceases to be in force in the case of a complete vehicle and for a period of 18 months from the date that that certificate ceases to be in force for a completed vehicle. Subject to compliance with all other requirements for the registration of vehicles and their entry into service, such a vehicle may then be registered and enter into service.
(2) The maximum number of vehicles for which the RSA may grant exemptions under paragraph (1) shall be the number of vehicles of any one type for which a valid certificate of conformity was issued on or after the date of manufacture and which remained valid for at least 3 months after its date of issue but subsequently lost its validity because an approval certificate in respect of a matter specified in Regulation 6(3) or a requirement in Regulation 6(4) ceased to be in force or, otherwise, new technical requirements against which the vehicle has not been approved have entered into force.
(3) This Regulation applies only to vehicles which
(
a
) were in the territory of the European Union on the day an approval certificate in respect of a matter specified in Regulation 6(3) or a requirement in Regulation 6(4) ceased to be in force, and
(
b
) were accompanied by the certificate of conformity which was valid at the time of issue but subsequently ceased to be valid solely because an approval certificate in respect of a matter specified in Regulation 6(3) or a requirement in Regulation 6(4) ceased to be in force or, otherwise, new technical requirements against which the vehicle has not been approved have entered into force.
(4) An application for an exemption under this Regulation must be made in writing to the RSA by the manufacturer or the distributor of the vehicle and contain
(
a
) details of either or both the technical reasons and the economic reasons for the making of the application,
(
b
) details of the vehicle type to which the application relates, and
(
c
) the VIN of the vehicle for which the exemption is sought.
(5) An application under paragraph (4) shall be accompanied by the certificate of type-approval which is no longer valid.
(6) The RSA may request an applicant for an exemption under this Regulation to submit such other information or documents as the RSA may require to consider an application and the applicant shall comply with any such request.
(7) Upon request by the RSA for the purposes of this Regulation, the Approval Authority shall verify to the RSA that the authority has granted any particular approval.”,
(
b
) by substituting for Schedule 1, as inserted by Regulation 2(
b
) of the European Communities (Road Vehicles: Entry Into Service) Regulations 2010 (
S.I. No. 170 of 2010
), the following
“SCHEDULE 1ENTRY INTO SERVICE DIRECTIVES
1 Council Directive 70/157/EEC of 6 February 1970 on sound level and exhaust systems (O.J. L42 of 23.2.70, p.16 (S.E. 1970(1)))
Amended by
Official Journal No.
page
date
Act of Accession of Denmark, Ireland and the United Kingdom of Great Britain and Northern Ireland
L73
14
3. 5.2000
Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded
L 236
33
4. 8.2001
Commission Directive 2005/11/EC of 16 February 2005
L 46
42
5. 7.97
17 Council Directive 76/114/EEC of 18 December 1975 on location and attachment of statutory plates and inscriptions (O.J. L24 of 30.1.76, p.1)
Amended by
Official Journal No.
page
date
Commission Directive 78/507/EEC of 19 May 1978
L 155
31
6. 12.1990
Corrigenda
OJ L 150, 6.6.1978, p. 6 (77/649/EEC)
32 Council Directive 78/316/EEC of 21 December 1977 on identification of controls, tell-tales and indicators (O.J. L81 of 28.3.78, p.3)
Amended by
Official Journal No.
page
date
Commission Directive 93/91/EEC of 29 October 1993
L284
25
7. 6.2006
Commission Directive 2008/74/EC of 18 July 2008
L 192
51
8. 11.2001
43 Council Directive 92/23/EEC of 31 March 1992 on tyres (O.J. L129 of 14.5.92, p.95)
Amended by
Official Journal No.
page
date
Act of Accession of Austria, Sweden and Finland
C 241
21
9. 4.1988
Commission Directive 89/491/EEC of 17 July 1989
L 238
43
11. 7.1987
Act of Accession of Austria, Sweden and Finland
C 241
21
12. 7.1988
Commission Directive 90/630/EEC of 30 October 1990
L 341
20
13. 2.2002
Commission Directive 2003/19/EC of 21 March 2003
L 79
6
14. 1.2009
58 Directive 2006/40/EC of the European Parliament and of the Council of 17 May 2006 on emissions from air-conditioning systems (O.J. L161 of 14.6.2006, p.12)
including the administrative procedures required by
Official Journal No.
page
date
Commission Regulation (EC) No.706/2007 of 21 June 2007
L 161
33
15. 8.1989
Commission Directive 97/21/EC of 18 April 1997
L 125
31
16. 5.1997
Commission Directive 1999/99/EC of 15 December 1999
L 334
32
17. 2.2005
44 Council Directive 92/24/EEC of 31 March 1992 on speed limitation devices (O.J. L129 of 14.5.92, p.154)
Amended by
Official Journal No.
page
date
Directive 2004/11/EC of the European Parliament and of the Council of 11 February 2004
L 44
19
18. 7.2009
Corrigenda
OJ L 200, 31.7.2009, p.52 (595/2009)
57 Directive 2005/64/EC of the European Parliament and of the Council of 26 October 2005 on reusability, recyclability and recoverability (O.J. L310 of 25.11.2005, p.10)
Amended by
Official Journal No.
page
date
Commission Directive 2009/1/EC of 7 January 2009
L9
31
19. 7.2008
including the administrative procedures required by
Parliament and Council Regulation 595/2009 of 18 June 2009
L188
1
20. 12.2006
Commission Directive 2006/51/EC of 6 June 2006
L 152
11
22. 6.2007
”,
and
(
c
) by substituting for Schedule 4 the following
“SCHEDULE 4
AMENDING REGULATIONS
Commission Regulation (EC) No. 1060/2008 of 7 October 2008 replacing Annexes I, III, IV, VI, VII, XI and XV to Directive 2007/46/EC of the European Parliament and of the Council 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).
Regulation (EC) No. 78/2009 of the European Parliament and of the Council of 14 January 2009 on the type-approval of motor vehicles with regard to the protection of pedestrians and other vulnerable road users, amending Directive 2007/46/EC and repealing Directives 2003/102/EC and 2005/66/EC.
Regulation (EC) No. 79/2009 of the European Parliament and of the Council of 14 January 2009 on type-approval of hydrogen-powered motor vehicles, and amending Directive 2007/46/EC.
Regulation (EC) No. 385/2009 of the European Parliament and of the Council of 7 May 2009 replacing Annex IX to 2007/46/EC.
Regulation (EC) No. 595/2009 of the European Parliament and the Council of 18 May 2009 on the type-approval of motor vehicles and engines with respect to emissions from heavy duty vehicle (Euro VI) and on access to vehicle repair and maintenance information and amending Regulation (EC) No. 715/2007 and Directive 2007/46/EC and repealing Directives 80/1269, 2005/55/EC and 2005/78/EC.
Article 18 of Regulation (EC) No. 661/2009 of the European Parliament and of the Council of July 13, 2009 concerning type-approval requirements for the general safety of motor vehicles, their trailers and systems, components and separate technical units intended therefor.
Regulation (EU) No. 371/2010 of the European Parliament and the Council of 16 April 2010 replacing Annexes V, X, XV and XVI to 2007/46/EC”.
GIVEN under my Official Seal,
2 August 2011.
LEO VARADKAR,
Minister for Transport, Tourism and Sport
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation)
The European Communities (Road Vehicles: Entry into Service) Regulations 2009 (
S.I. No. 157 of 2009
) gave effect to Directive 2007/46/EC (the Framework Directive) and to each of the separate Directives that individually regulate many components, systems and separate technical units of relevant vehicles, in so far as those Directives relate to the registration and entry of certain motor vehicles into service and the sale and entry into service of certain components, systems and separate technical units.
S.I. No. 157 of 2009
, as amended by the European Communities (Road Vehicles: Entry Into Service) Regulations 2010 (
S.I. No. 170 of 2010
), applies principally to
• new vehicles (including certain special-purpose vehicles) of categories M1, M2, M3, N1, N2, N3, O1, O2, O3, O4, whether the relevant vehicle is complete incomplete or completed and, from staggered dates until 2014, existing vehicles of those categories also; and
• specified components, systems and separate technical units of such vehicles.
Schedule 1 of
S.I. No. 157 of 2009
contains a list of the separate Directives (as amended) and Schedule 4 contains a list of Regulations that amended the Framework Directive.
S.I. No. 157 of 2009
is now being updated by substituting new schedules for Schedules 1 and 4.
The new Schedule 1 includes amendments pursuant to the following
• Commission Directive 2010/19/EU amending Council Directive 91/226/EEC in the field of spray-suppression systems of certain categories of motor vehicles and their trailers. Directive 91/226/EEC relating to the spray-suppression systems is one of the separate directives in the context of the EC type-approval procedure established under Directive 2007/46/EC. Directive 2010/19/EU amends the scope of Directive 91/226/EC to mandate spray-suppression devices for Category N vehicles with a Design Gross Vehicle Weight exceeding 7.5 tonnes and O3 and O4 trailers. The Directive clarifies that the requirements with regard to spray-suppression devices do not apply to off road vehicles.
The new Schedule 4 includes amendments to the Framework Directive pursuant to the following
• Commission Regulation (EU) No 371/2010 replacing Annexes V, X, XV and XVI to 2007/46/EC. This EU Regulation allows a manufacturer to carry out tests in the capacity of a technical service for the purposes of approval to certain prescribed separate regulatory acts. In the process entitled ‘self-testing’, that the list of the regulatory acts for which a manufacturer may be designated as technical service is specified in Annex XV to Directive 2007/46/EC. The EU Regulation also allows manufacturers to use computer-aided techniques instead of having to carry out physical tests for certain prescribed tests in a process called ‘virtual testing’. The Regulation also amends Annex V in order to update the documents exchanged between technical services and approval authority.
Regulation 7 of
S.I. No. 157 of 2009
is amended in order to reflect the requirements of Annex XII of the Framework Directive 2007/46/EC, which requires Member States to offer only one procedure for ‘End-of-Series’ vehicles. The ‘End-of-Series’ procedure is now restricted to vehicles which had a valid CoC for at least three months before the coming into force of a regulatory act. The text with regard to ‘End-of-Series’ is also updated in order to introduce provisions that completed (multi stage built) vehicles may be granted a derogation for a period of 18 months as opposed to 12 months.
It must be noted that EC/EU Regulations do not need transposition into Irish law, as they are directly binding throughout the Member States of the European Union. Annex IV of Council Directive 2007/46/EC of 5 September 2007 (as amended) on the type approval of motor vehicles and their trailers (O.J. L263 of 9.10.2007, p. 1) provides a comprehensive applicable list of EC/EU Regulations for motor vehicles and their trailers.
1 O.J. No. L263, 9.10.2007, p.1
23. 9.2003
Commission Directive 2004/78/EC of 29 April 2004
L 231
69
24. 11.2005
Commission Directive 2006/28/EC of 6 March 2006
L 65
27
25. 2.2000
Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded
L 236
33
26. 3.2003
Corrigenda
OJ L 125, 21.5.2003, p. 14 (2001/85/EC)
51 Directive 98/91/EC of the European Parliament and of the Council of 14 December 1998 relating to motor vehicles and their trailers intended for the transport of dangerous goods by road (O.J. L11, 16.1.1999, p.25)
52 Directive 2000/40/EC of the European Parliament and of the Council of 26 June 2000 on the approximation of the laws of the Member States relating to the front underrun protection of motor vehicles (O.J. L203, 10.8.2000, p.9)
Amended by
Official Journal No.
page
date
Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded
L 236
33
27. 3.1972
Commission Directive 74/132/EEC of 11 February 1974
L 74
7
28. 11.2006
Council Directive 2006/96/EC of 20 November 2006
L 363
81
29. 11.2005
As
Amended by
Commission Directive 2006/81/EC
L362
92
30. 3.2005
Council Directive 2006/96/EC of 20 November 2006
L 363
81
31. 12.94
36 Council Directive 78/932/EEC of 16 October 1978 on head restraints (O.J. L325 of 20.11.78, p.1)
Amended by
Official Journal No.
page
date
Act of Accession of Greece
L 291
17
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of
12
th August
, 2011.
I, LEO VARAKAR, Minister for Transport, Tourism and Sport in exercise of the powers conferred on me by
section 3
of the
European Communities Act 1972
(No. 27 of 1972) as amended by the
European Communities Act 2007
(No. 18 of 2007), and for the purpose of giving further effect to Directive 2007/46/EC of the European Parliament and of the Council of 5 September 2007[1], to the Directives specified in Schedule 1 and, as regards their required administrative procedures, to the Regulations therein specified, in so far as those Directives and Regulations apply to the sale and entry into service of motor vehicles, components, systems and separate technical units specified in Directive 2007/46/EC
1
and the registration of such vehicles, hereby make the following regulations