The Merchant Shipping (Marine Equipment) Regulations 2016

PART 2 Requirements for Equipment

Requirements for equipment

5.—(1) Subject to paragraph (2), where under international instruments equipment must be approved by the flag state administration, that equipment must comply with applicable international standards when it is placed on board a ship.

(2) When equipment is placed on board a domestic passenger ship or a fishing vessel and that equipment is listed in Annex 1 or 2 of Merchant Shipping Notice MSN 1874 it must comply with—

(a) applicable international standards;

(b) an alternative standard; or

(c) (where there is no requirement to place that equipment on board a ship but it is placed on board voluntarily) the standard specified by the Secretary of State.

(3) When equipment listed in Annex 3 of Merchant Shipping Notice MSN 1874 is placed on board a ship it must comply with applicable UK standards.

(4) Equipment listed in Annex 1 of Merchant Shipping Notice MSN 1874 must be taken to comply with applicable international standards where it is—

(a) accompanied by a declaration of conformity under regulation 14; and

(b) affixed with a conformity mark under regulation 15.

(5) Equipment listed in Annex 2 of Merchant Shipping Notice MSN 1874 must be taken to comply with applicable international standards or an alternative standard where it is accompanied by a certificate under regulation 18.

(6) In this regulation—

“alternative standard” means a standard specified as an alternative to an applicable international standard in any instrument listed in Annex 4 of the Merchant Shipping Notice MSN 1874.

Application of exemptions

6.—(1) Subject to paragraph (2), regulations 7 to 9 apply to equipment to which regulation 5(1) applies that is listed in Annex 1 of Merchant Shipping Notice MSN 1874.

(2) Regulation 9(2) applies to equipment to which regulations 5(1) and (2) apply that is listed in Annexes 1 or 2 of Merchant Shipping Notice MSN 1874.

Exemptions for technical innovation

7.—(1) In exceptional circumstances of technical innovation, the Secretary of State may allow equipment that does not comply with applicable international standards to be placed on board a ship, provided that the Secretary of State is satisfied, by trial or otherwise, that such equipment is at least as effective as equipment which complies with those standards.

(2) The Secretary of State must issue a certificate for any equipment placed on board a ship under paragraph (1).

(3) A certificate issued under paragraph (2) must—

(a) confirm the Secretary of State’s approval of the equipment;

(b) specify any restrictions or conditions on the use of the equipment; and

(c) be carried with the equipment.

(4) The Secretary of State may withdraw a certificate where—

(a) a restriction or condition on the use of equipment is breached; or

(b) the European Commission require the withdrawal of the certificate under article 30(5) of the Directive.

(5) Where a ship registered in a country other than the United Kingdom, with equipment on board approved by its flag state administration in accordance with article 30 of the Directive, is transferred to the United Kingdom register, the Secretary of State may take any necessary measures, which may include carrying out such tests or practical demonstrations that the Secretary of State considers necessary, to ensure the equipment is at least as effective as equipment which complies with the EU conformity assessment procedures in Annex II of the Directive.

Exemptions for testing or evaluation

8.—(1) The Secretary of State may allow equipment that does not comply with applicable international standards to be placed on board a ship to facilitate the testing or evaluation of such equipment, provided that the equipment is not relied upon in place of equipment which meets the applicable international standards or used to replace such equipment.

(2) The Secretary of State must issue a certificate for any equipment placed on board a ship under paragraph (1).

(3) A certificate issued under paragraph (2) must—

(a) confirm the Secretary of State’s approval of the equipment;

(b) specify any restrictions or conditions on the use of the equipment;

(c) be limited to the shortest period of time necessary to complete the testing; and

(d) be carried with the equipment.

(4) The Secretary of State may withdraw a certificate where a restriction or condition on the use of equipment is breached.

Exemptions in exceptional circumstances

9.—(1) Where equipment carried on a ship must be replaced in a port outside the European Union and it is not practicable for reasons of time, delay or cost to replace the equipment with approved equipment, equipment which is not affixed with a conformity mark may be placed on board the ship, providing—

(a) the equipment is accompanied by documentation issued by a member state of the International Maritime Organization which is a party to the relevant international convention, certifying that the equipment complies with the requirements of the relevant international convention; and

(b) the Secretary of State is informed immediately of the nature and characteristics of the replacement equipment.

(2) Where approved equipment is not available on the market, the Secretary of State may issue a certificate to allow other equipment to be placed on board a ship until such time as approved equipment is available.

(3) When issuing a certificate under paragraph (2), the Secretary of State must ensure that, as far as possible, the equipment complies with applicable international standards.

(4) A certificate must set out—

(a) the approved equipment being replaced;

(b) the reasons for which the certificate is issued;

(c) the design, construction and performance requirements against which the equipment is approved; and

(d) the testing standards applied, if any, when approving the equipment.

(5) The Secretary may withdraw a certificate where—

(a) approved equipment is made available on the market; or

(b) the European Commission requires the certificate to be withdrawn under article 32(8) of the Directive.

(6) In this regulation—

“approved equipment” means equipment approved as complying with applicable international standards and affixed with a conformity mark.

Transfer of a ship

10.—(1) Where a ship is transferred to the United Kingdom register, the Secretary of State must inspect any relevant equipment to ensure—

(a) its condition corresponds to the safety certificates for that equipment; and

(b) the equipment complies with applicable international standards or is equivalent to equipment that complies with those standards.

(2) Where, following inspection of equipment under paragraph (1), the Secretary of State is not satisfied that the equipment complies with the applicable international standards or is equivalent to equipment that complies with those standards, the Secretary of State must direct the owner in writing to replace the equipment.

(3) Where, following inspection under paragraph (1), the Secretary of State considers that the equipment does not comply with applicable international standards but is equivalent to equipment that complies with those standards, the Secretary of State must issue a certificate for that equipment, which must—

(a) confirm the Secretary of State’s approval of the equipment;

(b) specify any restrictions or conditions on the use of the equipment; and

(c) be carried with the equipment.

(4) The Secretary of State may withdraw a certificate where a restriction or condition on the use of equipment is breached.

(5) In this regulation—

“relevant equipment” means any equipment—

(a)

to which regulation 5(1) would have applied at the time the equipment was placed on board the ship if that ship had been a United Kingdom ship at that time; and

(b)

that is specified in Annex 1 of Merchant Shipping Notice MSN 1874.