Vehicle Type-Approval Framework Regulation

Introduction

Regulation (EU) 2018/858 establishes a comprehensive framework for the type-approval and market surveillance of motor vehicles (cars, vans, buses, trucks), their trailers, and the systems, components, and separate technical units intended for them. This regulation significantly overhauls and strengthens the previous system, repealing Directive 2007/46/EC to create a more robust, transparent, and effective regulatory environment for the automotive sector in the European Union.

The main goal is to ensure a high level of safety, environmental protection, and public interest protection for all new vehicles placed on the EU market. It aims to restore confidence in the approval system by enhancing the quality and independence of vehicle testing, increasing checks of vehicles already in the market, and introducing direct EU-level oversight.

This regulation is a cornerstone of EU vehicle legislation, working in conjunction with specific regulations on pollutant emissions (e.g., Regulation (EC) No 715/2007 for light-duty and Regulation (EC) No 595/2009 for heavy-duty vehicles) and safety (e.g., the General Safety Regulation (EU) 2019/2144). It provides the administrative and procedural backbone for enforcing these technical requirements.

Who It Applies To

The regulation applies to all economic operators in the automotive supply chain, including:

• Manufacturers: Responsible for all aspects of the approval process and conformity of production.
• Manufacturer's Representatives: Appointed by non-EU manufacturers to represent them before EU authorities.
• Importers: Who place vehicles or parts from third countries on the EU market.
• Distributors: Who make vehicles or parts available on the market.

It covers the following vehicle categories intended for use on public roads:

• Category M: Motor vehicles for the carriage of passengers (M1: cars, M2: minibuses, M3: buses/coaches).
• Category N: Motor vehicles for the carriage of goods (N1: light vans, N2: medium trucks, N3: heavy trucks).
• Category O: Trailers (O1, O2, O3, O4).

Key Dates

• Entry into Force: July 4, 2018
• Application Date: September 1, 2020. From this date, all new vehicle types must be approved under this regulation.
• Electronic Certificates of Conformity: From July 5, 2026, manufacturers must make the Certificate of Conformity available electronically for each vehicle.

Exemptions

The regulation does not apply to:

• Agricultural or forestry vehicles.
• Two- or three-wheel vehicles and quadricycles.
• Track-laying vehicles.
• Vehicles designed exclusively for use by armed services.

Provisions exist for vehicles produced in small series and for individual vehicle approvals, which may be subject to alternative or exempted requirements.

Key Provisions

• Strengthened Market Surveillance: Member States are required to perform regular checks on vehicles on their market to verify compliance. This includes a minimum number of tests per year (one for every 40,000 new vehicles registered, with a minimum of five tests).
• EU-Level Oversight: The European Commission is empowered to conduct its own compliance verification tests and inspections and can initiate EU-wide recalls and impose administrative fines.
• Independent Testing: Stricter criteria are imposed on Technical Services that carry out tests for type-approval to ensure their independence and competence. They are subject to regular audits.
• Access to Information: Guarantees independent operators (e.g., independent repair shops) non-discriminatory access to vehicle repair and maintenance information (RMI) and on-board diagnostic (OBD) information.
• Forum for Enforcement: Establishes a 'Forum for Exchange of Information on Enforcement' to ensure uniform interpretation and implementation of the rules across Member States.
• Safeguard Clauses: Provides clear procedures for Member States and the Commission to take action against non-compliant vehicles or those presenting a serious risk.

Obligations & Requirements

• Manufacturers must ensure all vehicles, systems, and components placed on the market are manufactured and approved according to the regulation. They must guarantee conformity of production, issue a Certificate of Conformity for each vehicle, and cooperate with authorities on market surveillance and recalls.
• Approval Authorities in Member States are responsible for granting, amending, or withdrawing type-approvals. They must operate independently and impartially and verify manufacturers' conformity of production arrangements.
• Market Surveillance Authorities must proactively check vehicles on the market, investigate complaints, and take restrictive measures (e.g., recalls, sales prohibitions) against non-compliant or unsafe products.
• Importers and Distributors must verify that products have the correct approvals and markings before placing them on the market and must cooperate in traceability and corrective actions.

Affected Products/Actors/Processes

• Products: All new motor vehicles in categories M and N, trailers in category O, and all related systems (e.g., braking, steering, emissions control), components (e.g., lights, tires, seats), and separate technical units.
• Actors: Vehicle manufacturers, suppliers of parts, importers, distributors, technical services, national approval and market surveillance authorities, and the European Commission.
• Processes: The entire vehicle lifecycle process from design and testing (type-approval), through manufacturing (conformity of production), to post-market monitoring (market surveillance, in-service conformity).

Penalties

Member States are required to establish rules on penalties that are effective, proportionate, and dissuasive. Infringements subject to penalties include:

• Making false declarations during approval procedures.
• Falsifying test results.
• Withholding data that could lead to a recall or refusal of approval.
• Placing unapproved vehicles or components on the market.

In addition to national penalties, the European Commission can impose administrative fines directly on manufacturers of up to €30,000 per non-compliant vehicle.