STATUTORY INSTRUMENTS.

S.I. No. 147 of 2000.

EUROPEAN COMMUNITIES (MOTOR VEHICLES UN-ECE TYPE APPROVAL) REGULATIONS, 2000.

S.I. No. 147 of 2000.

EUROPEAN COMMUNITIES (MOTOR VEHICLES UN-ECE TYPE APPROVAL) REGULATIONS, 2000.

I, MARY HARNEY, T.D., Minister for Enterprise, Trade and Employment, in exercise of the powers conferred on me by section 3 of the European Communities Act, 1972 ( No. 27 of 1972 ), and for the purpose of giving effect to Council Decision 97/836/EC of 27 November 1997⁽¹⁾ hereby make the following Regulations:

Citation and commencement.

1. These Regulations may be cited as the European Communities (Motor Vehicles UN-ECE Type Approval) Regulations, 2000, and shall come into operation on the 26th day of May, 2000.

Interpretation.

2. (1) In these Regulations, unless the context otherwise requires--

“the Agreement” means the Agreement of the United Nations Economic Commission for Europe concerning the adoption of uniform technical prescriptions for wheeled vehicles, equipment and parts which can be fitted to and/or be used on wheeled vehicles and the conditions for reciprocal recognition of approvals granted on the basis of these prescriptions, Revision 2 (including the amendments which entered into force on 16 October 1995);

“approval authority in the State” means an authority appointed by the Minister for Enterprise, Trade and Employment in accordance with Regulation 4;

“component” means any equipment or part which can be fitted to and/or be used on wheeled vehicles and which is the subject of a scheduled UN-ECE Regulation;

“Contracting Party” means a Member State of the European Communities and any party who has acceded to the Revised 1958 Agreement;

“the Minister” means the Minister for Enterprise, Trade and Employment;

“scheduled UN-ECE Regulation” means one of the UN-ECE Regulations, with any amendment thereto to which the European Community has acceded, set out in the Schedule to these Regulations.

(2) In these Regulations a word or phrase to which a meaning has been assigned by Council Decision 97/836/EC of 27 November 1997 or by a scheduled UN-ECE Regulation has that meaning except where otherwise indicated.

(3) In these Regulations--

(a) a reference to a Regulation is to a Regulation of these Regulations, unless it is indicated that reference to some other Regulation is intended, and

(b) a reference to a paragraph or subparagraph is to the paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended.

Scope.

3. These Regulations apply in relation to a wheeled vehicle or component which is the subject of a scheduled UN-ECE Regulation.

Approval Authority in the State.

4. (1) The Minister may appoint one or more persons to exercise in the State (whether individually or, where more than one person is so appointed, together with one or more of such other persons so appointed as the Minister so directs) the powers and duties of an approval authority as conferred by these Regulations.

(2) The Minister may, for the efficient and proper functioning of an approval authority in the State, attach such conditions to an appointment under paragraph (1) as he or she thinks fit.

(3) An appointment under paragraph (1)--

(a) may be of fixed or indefinite duration,

(b) may be revoked by the Minister if he or she has reason to believe that the approval authority in the State does not comply with, or has ceased to comply with, the conditions attached to such appointment, or

(c) shall be revoked by the Minister if he or she has reason to believe that the approval authority in the State does not meet, or has ceased to meet, the aforesaid minimum criteria.

(4) A reference in these Regulations to an approval authority in the State shall be construed as a reference to each person appointed under paragraph (1).

Application for UN-ECE type approval.

5. (1) An application for an approval (in these Regulations referred to as a “type approval”) under these Regulations of a vehicle or component shall be made in writing to an approval authority in the State by the person and in the manner provided for in the relevant scheduled UN-ECE Regulation.

(2) An application under this Regulation shall be accompanied by the documents and information required by the relevant scheduled UN-ECE Regulation.

(3) Where a person has made an application under this Regulation, neither he nor his representative shall make a similar application in another Contracting Party in respect of the same vehicle or component.

Grant of Type Approval.

6. (1) Where the approval authority in the State is satisfied in respect of an application under Regulation 5--

(a)  that the vehicle or component is in conformity with the requirements of the relevant scheduled UN-ECE Regulation, and

(b)  that arrangements as set out in Appendix 2 to the Agreement have been put in place by the applicant for ensuring conformity of the product with the approved type,

it shall approve the vehicle or component.

(2) Where a vehicle or component is approved under this Regulation, the approval authority shall issue a notice of approval (a “type approval certificate”) and, where appropriate, an approval number in accordance with the provisions of the relevant scheduled UN-ECE Regulation.

(3) Where an approval authority in the State has granted a type approval certificate under these Regulations it shall, in co-operation with other Contracting Parties if necessary, take the necessary measures to verify that relevant production models conform to the type approved.

Refusal of Type Approval.

7. (1) Where, in relation to an application under Regulation 5, the approval authority decides that the vehicle or component is not in conformity with the requirements of the relevant scheduled UN-ECE Regulation it shall notify the applicant in writing of the decision.

(2) A notice under this Regulation shall specify the grounds for the decision and shall notify the applicant of his right of appeal under Regulation 12 against the decision, and of the period within which such an appeal must be made.

Communication with other type-approval authorities.

8. (1) An approval authority in the State shall send monthly to the competent authorities of the other Contracting Parties, a list of the wheeled vehicles or components, approval of which it has refused to grant or has withdrawn during that month.

(2) On receiving a request from the competent authority of another Contracting Party an approval authority in the State shall send to that competent authority a copy of all relevant information on which it based its decision to grant, refuse to grant, or to withdraw an approval of a wheeled vehicle or component to a scheduled UN-ECE Regulation.

Products not in conformity with approved type.

9. (1) Should an approval authority in the State find that any wheeled vehicle or component which is of a type in respect of which a type approval issued under a scheduled UN-ECE Regulation by another Contracting Party is in force does not conform to the type approval, it shall advise the competent authorities of that Contracting Party accordingly.

(2) Where an approval authority

(a)  finds that a vehicle or component which is of a type in respect of which a type approval issued by it under a scheduled UN-ECE Regulation is in force, does not conform to the type approval, or

(b) is notified by the competent authorities of another Contracting Party that a vehicle or component which is of a type in respect of which a type approval issued by the approval authority under a scheduled UN-ECE Regulation is in force does not conform to the type approval,

it shall give notice of that fact to the manufacturer.

(3) A notice under paragraph (2) shall specify--

(a) in what respect the vehicle or component has been found not to conform to the approved type,

(b) the steps that should be taken by the manufacturer to ensure that the vehicles or components of the type in question manufactured by him do so conform and the period within which the approval authority requires those steps to be taken, and

(c) that, unless those steps are taken within that period, the type approval certificate in question may be cancelled or withdrawn.

(4) Where, after the expiration of a period specified under paragraph 3(b) the approval authority is not satisfied that all the steps so specified have been taken, it may, by notice under Regulation 11, cancel or withdraw the type approval certificate.

(5) A copy of any notice under this Regulation shall be sent by the approval authority to the competent authorities of every other Contracting party within a month of the issue of the notice by the approval authority.

(6) Where, in any case to which paragraphs (1) or (2) refer, there might be a threat to road safety or to the environment, the approval authority shall inform the competent authorities of all other Contracting Parties about the situation.

Cessation or alteration of manufacture of approved product.

10. (1) Where the manufacturer of a vehicle or component which has been approved by an approval authority in the State under Regulation 6 proposes to cease the manufacture of the product in question, or to so alter the manufacture that any information supplied in the application for the approval of that product is no longer correct, the manufacturer or his representative shall--

(a) as soon as possible notify the approval authority in writing of his proposal, indicating the date when the manufacture is to cease or the alteration is to be made, and

(b) not later than 14 days after the manufacture ceases or the alteration is made, notify the approval authority in writing of that fact, indicating the relevant date and, where appropriate, the frame or chassis number of the last such vehicle manufactured by him or the serial number (if any) of the last component manufactured by him.

(2) Where the approval authority considers that an alteration of manufacture does not require an amendment to the existing type approval certificate, or completion of a substitute type approval certificate, it shall so inform the manufacturer and shall send to the competent authorities of other Contracting Parties copies of amendments to any documents already sent to them.

(3) Where a notice under Regulation 10(1)(a) or 10(1)(b) relates to a cesser of manufacture, the approval authority may cancel the relevant type approval certificate.

(4) Where a notice under Regulation 10(1)(a) or 10(1)(b) relates to an alteration of manufacture, the approval authority may, by notice under Regulation 11--

(a) cancel the relevant type approval certificate or type approval number, or

(b) cancel the relevant type approval certificate or type approval number and issue, in substitution therefor a further type approval certificate or type approval number in respect of the same vehicle or component.

(5) Where, after examination of a vehicle or component in respect of which a type approval certificate has been issued by it, the approval authority is of the opinion that an alteration which is required to be notified under Regulation 10(1) but has not been so notified, has been made to the vehicle or component, it may, by notice under Regulation 11, suspend the relevant type approval certificate.

Cancellation etc. by Authority of type approval certificate.

11. (1) Where an approval authority in the State decides to cancel, suspend or modify a type approval certificate or type approval number under any provision of these Regulations, it shall--

(a) as soon as practicable, give notice of the decision to the manufacturer to whom the certificate or number was issued, and

(b) within one month from the date on which that notice is given, send a copy of the notice to the competent authority of every other Contracting Party.

(2) A notice under this Regulation shall--

(a) specify the date on which the cancellation, suspension or amendment of the certificate or number to which the notice relates shall take effect,

(b) notify the manufacturer of his right of appeal under Regulation 12,

(c) in the case of cancellation, specify the grounds for the decision to cancel,

(d) in the case of suspension, specify--

(i) the grounds for the decision to suspend,

(ii) the conditions which must be fulfilled before the suspension will cease to have effect, and

(iii) that the suspension shall have effect until the approval authority notifies the manufacturer in writing that it is satisfied that those conditions have been fulfilled, and

(e) in the case of amendment, specify particulars of the amendment.

(3) A cancellation, suspension or amendment of a type approval certificate shall not affect the validity of anything previously done on foot of that certificate.

Appeal from decision of the approval Authority.

12. (1) Any person aggrieved by a decision of an approval authority in relation to a type approval certificate or type approval number under these Regulations may, by notice in writing given to the Minister not later than 14 days after the receipt by that person of notice of that decision, appeal to the Minister against the decision and the Minister, having considered any submissions made to him by the person, the approval authority or any interested party, and the report of any inquiry held under paragraph (2) in relation to the appeal or of any assessor appointed under paragraph (3) in relation thereto, may uphold, vary or reverse the decision of the approval authority.

(2) The Minister may appoint an officer of the Minister to hold an inquiry in connection with the appeal under this Regulation and to make a report to the Minister on the findings and result of the inquiry.

(3) The Minister may appoint an assessor to assist him and to make a report to him in relation to an appeal under this Regulation or to assist an officer of the Minister in relation to an inquiry being held by him under paragraph (2).

Obligation to Retain Documents.

13. (1) The manufacturer of a type vehicle in respect of which a type approval certificate under these Regulations has been issued and is in force shall keep a record of every certificate of conformity issued by him under these Regulations, including a record of the serial number of the certificate and of the manufacturer's identification number assigned to the vehicle in respect of which the certificate of conformity was issued and of the reference numbers of the UN-ECE Regulations with whose requirements the vehicle conformed.

(2) An officer of an approval authority in the State authorised for the purpose of these Regulations by the approval authority may, on giving a manufacturer reasonable notice and on production, if so required, of his authority, require the manufacturer to produce for inspection the records kept by him under this Regulation, and may inspect and take copies of such records.

Application Fees.

14. An approval authority may, in respect of an application under Regulation 5 of these Regulations, charge a fee which shall be equal to the amount which the approval authority estimates it will incur in, or in connection with, the carrying out or causing to be carried out of its functions under these Regulations or the scheduled UN-ECE Directives in connection with the application.

SCHEDULE

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations give effect to Council Decision 97/836/EC of 27 November, 1997 which provided for accession by the European Community to the Revised UN/ECE Agreement on motor vehicle type approval.

The Regulations make provision for administrative arrangements for the granting of type approval for a motor vehicle, component or part based on the UN/ECE Regulations set out in the Schedule attached to these Regulations. The granting of type approval will ensure free circulation of the motor vehicle, component or part in those countries party to the Agreement.

To be purchased from the Government Publications Sales Office, Sun Alliance House, Molesworth Street, Dublin 2 or by mail order from Government Publications Postal Trade Division, 4/5 Harcourt Road, Dublin 2. Price £2.40.

⁽¹⁾OJ No. L346, 17.12.97, p.78.