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(b)the European Commission requires the certificate to be withdrawn under article 32(8) of the Directive.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