Directive 2007/46/EC of the European Parliament and of the Council (repealed)Show full title

Article 23 National type-approval of small series

1. In the case of vehicles produced within the quantitative limits specified in Section 2 of Part A of Annex XII, Member States may waive one or more of the provisions of one or more of the regulatory acts listed in Annex IV or Annex XI, provided that they lay down relevant alternative requirements.

‘Alternative requirements’ means administrative provisions and technical requirements which aim to ensure a level of road safety and environmental protection which is equivalent to the greatest extent practicable to the level provided for by the provisions of Annex IV or Annex XI, as appropriate.

2. Member States may, in the case of the vehicles referred to in paragraph 1, waive one or more of the provisions of this Directive.

3. The provisions referred to in paragraphs 1 and 2 shall only be waived where a Member State has reasonable grounds for so doing.

4. For the purpose of type-approval of vehicles under this Article, Member States shall accept systems, components or separate technical units which are type-approved in accordance with the regulatory acts listed in Annex IV.

5. The type-approval certificate shall specify the nature of the waivers granted pursuant to paragraphs 1 and 2.

The type-approval certificate, the model for which is set out in Annex VI, shall not bear the heading ‘EC vehicle type-approval certificate’. However, type-approval certificates shall be numbered in accordance with Annex VII.

6. The validity of the type-approval shall be restricted to the territory of the Member State that granted the approval. However, if the manufacturer so requests, the approval authority shall send by registered mail or by electronic mail a copy of the type-approval certificate and its attachments to the approval authorities of the Member States designated by the manufacturer.

Within 60 days of receipt, such a Member State shall decide whether or not it accepts the type-approval. It shall formally communicate that decision to the approval authority referred to in the first subparagraph.

A Member State shall not refuse the type-approval unless it has reasonable grounds to believe that the technical provisions according to which the vehicle was approved are not equivalent to its own.

7. On request of an applicant who wishes to sell, register or put into service a vehicle in another Member State, the Member State that granted the approval shall provide the applicant with a copy of the type-approval certificate including the information package.

A Member State shall permit the sale, registration or entry into service of this vehicle unless it has reasonable grounds to believe that the technical provisions according to which the vehicle was approved are not equivalent to its own.