S.I. No. 279/2017 - European Communities (Road Vehicles: Entry into Service) (Amendment) Regulations 2017.


Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 4th July, 2017.

I, SHANE ROSS, 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 20071 as amended by the Regulatory Acts listed in Schedule 6, in so far as those Regulatory Acts apply to the sale and entry into service of motor vehicles, components, systems and separate technical units specified in Directive 2007/46/EC1 and the registration of such vehicles, hereby make the following regulations:

1. These Regulations may be cited as the European Communities (Road Vehicles: Entry into Service) (Amendment) Regulations 2017.

2. The European Communities (Road Vehicles: Entry into Service) Regulations 2009 ( S.I. No.157 of 2009 ) are amended—

(a) by substituting for the definition of “separate Community instrument” as defined in Regulation 3(1) the following:

“separate Community instrument” means a directive or regulation listed in Part 1 of Annex IV of the Framework Directive. This term includes also their implementing acts;”,

(b) by substituting for Schedule 1, as inserted by Regulation 2 of the European Communities (Road Vehicles: Entry into Service) (Amendment) Regulations 2013 ( S.I. No. 475 of 2013 ), the following:

“Schedule 1

This Schedule is intentionally blank

”, and

(c) by substituting for Schedule 4, as inserted by Regulation 2(c) of the European Communities (Road Vehicles: Entry into Service) (Amendment) Regulations 2011 ( S.I. No. 420 of 2011 ), the following:

“Schedule 4 Regulation 3(1)

Amending regulatory Act

Official Journal Reference

Commission Regulation (EC) No 1060/2008 of 7 October 2008

L 292 1 31.10.2008

Regulation (EC) No 78/2009 of the European Parliament and of the Council of 14 January 2009

L 35 1 4.2.2009

Regulation (EC) No 79/2009 of the European Parliament and of the Council of 14 January 2009

L 35 32 4.2.2009

Commission Regulation (EC) No 385/2009 of 7 May 2009

L 118 13 13.5.2009

Regulation (EC) No 595/2009 of the European Parliament and of the Council of 18 June 2009

L 188 1 18.7.2009

Regulation (EC) No 661/2009 of the European Parliament and of the Council of 13 July 2009

L 200 1 31.7.2009

Commission Directive 2010/19/EU of 9 March 2010 amended byCommission Decision 2011/415/EU of 14 July 2011

L 72 17 20.3.2010L 185 76 15.7.2011

Commission Regulation (EU) No 371/2010 of 16 April 2010

L 110 1 1.5.2010

Commission Regulation (EU) No 183/2011 of 22 February amended byCommission Regulation (EU) No 582/2011 of 25 May 2011

2011 L 53 4 26.2.2011L 167 1 25.6.2011

Commission Regulation (EU) No 678/2011 of 14 July 2011

L 185 30 15.7.2011

Commission Regulation (EU) No 65/2012 of 24 January 2012

L 28 24 31.1.2012

Commission Regulation (EU) No 1229/2012 of 10 December 2012

L 353 1 21.12.2012

Commission Regulation (EU) No 1230/2012 of 12 December 2012

L 353 31 21.12.2012

Commission Regulation (EU) No 143/2013 of 19 February 2013

L 47 51 20.2.2013

Commission Regulation (EU) No 171/2013 of 26 February 2013

L 55 9 27.2.2013

Commission Regulation (EU) No 195/2013 of 7 March 2013

L 65 1 8.3.2013

Council Directive 2013/15/EU of 13 May 2013

L 158 172 10.6.2013

Commission Regulation (EU) No 136/2014 of 11 February 2014

L 43 12 13.2.2014

Commission Regulation (EU) No 133/2014 of 31 January 2014

L 47 1 18.2.2014

Commission Regulation (EU) No 214/2014 of 25 February 2014

L 69 3 8.3.2014

Regulation (EU) No 540/2014 of the European Parliament and of the Council of 16 April 2014

L 158 131 27.5.2014

Commission Regulation (EU) No 1171/2014 of 31 October 2014

L 315 3 1.11.2014

Commission Regulation (EU) 2015/45 of 14 January 2015

L 9 1 15.1.2015

Commission Regulation (EU) 2015/166 of 3 February 2015

L 28 3 4.2.2015

”.

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GIVEN under my Official Seal,

30 June 2017.

SHANE ROSS,

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) (Amendment) Regulations 2013 ( S.I. No. 475 of 2013 ), 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, 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 (as amended) provided an exhaustive list of EU Directives and Regulations pertaining to Annex IV of the Framework Directive. In an exercise in legislative simplification, Schedule 1 is now left blank and direct reference is made in the definition of the Framework Directive to the regulatory acts specified in Annex IV of the Framework Directive (as amended and updated).

Schedule 4 of the Regulations lists off EU Regulatory Acts which amend the Framework Directive and this Schedule is now updated in order to refer to the EU Regulatory Acts which have been adopted since the Schedule was last updated (by S.I. No. 420 of 2011 ).

The Regulations may be cited as the European Communities (Road Vehicles: Entry into Service) (Amendment) Regulations 2017.

1 O.J. No. L263, 9.10.2007, p.1