Article 3Obligations of the F1Secretary of State

F21.

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F32.

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3.

With effect from 1 November 2016 F4the approval authority shall refuse, on grounds relating to the AEBS, to grant F5GB type-approval F6... in respect of new types of vehicle which do not comply with the requirements set out in Annexes II and III, including the approval level 2 requirements in Annex II and the pass/fail criteria set out Appendix 2 to that Annex.

4.

With effect from 1 November 2018, F7the Secretary of State shall, on grounds relating to the AEBS, consider certificates of conformity in respect of new vehicles to be no longer valid for the purposes of F8Article 48 of Regulation (EU) 2018/858, and prohibit the registration, sale and entry into service of such vehicles, where such vehicles do not comply with the requirements set out in Annexes II and III, including the approval level 2 requirements in Annex II and the pass/fail criteria set out in Appendix 2 to that Annex.

5.

Without prejudice to paragraphs 1 to 4, F9the Secretary of State may not, on grounds relating to the AEBS:

(a)

refuse to grant F10GB type-approval F11... for a new type of vehicle where that vehicle complies with Regulation (EC) No 661/2009 and this Regulation;

(b)

prohibit the registration, sale or entry into service of a new vehicle where that vehicle complies with Regulation (EC) No 661/2009 and this Regulation;

(c)

grant F12GB type-approval F13... according to approval level 2 for a new type of vehicle of category M2 and of category N2 with a maximum mass not exceeding 8 tonnes, until the pass/fail values for the warning and activation test requirements have been specified in accordance with Article 5.