The Merchant Shipping (Marine Equipment) (Amendment etc.) (EU Exit) Regulations 2019

PART 1 Introduction

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Merchant Shipping (Marine Equipment) (Amendment etc.) (EU Exit) Regulations 2019 and come into force on exit day.

(2) In these Regulations, “the 2016 Regulations” means the Merchant Shipping (Marine Equipment) Regulations 2016(1).

PART 2 Amendment of subordinate legislation

Amendment of the 2016 Regulations

2.  The Schedule contains amendments of the 2016 Regulations.

Consequential amendments

3.—(1) The amendment in the following paragraph is consequential on the making of these Regulations.

(2) In regulation 7 (approvals) of the Merchant Shipping (Fire Protection) Regulations 2003(2), for paragraph (5), substitute—

“(5) For equipment, approval must be granted by an approved body or a nominated body under the Merchant Shipping (Marine Equipment) Regulations 2016.”.

PART 3 Amendment of retained direct EU legislation

Revocation of Commission Implementing Regulation (EU) 2018/773

4.  The Commission Implementing Regulation (EU) 2018/773 on design, construction and performance requirements and testing standards for marine equipment(3) is revoked.

PART 4 Saving and transitional provision

Saving for approval certificates issued before exit day

5.—(1) An approval certificate issued by a notified body in the United Kingdom before exit day which is valid immediately before exit day is to be treated on or after exit day as though it had been issued by an approved body.

(2) In this regulation, “An approval certificate issued by a notified body in the United Kingdom before exit day” means a certificate certifying the grant of EU conformity approval in accordance with the provisions of Annex II of the Directive.

Transitional provision

6.—(1) An application made by a manufacturer or their authorised representative to a notified body in the United Kingdom for EU conformity approval that is not granted before exit day is, on and after exit day, to be treated as an application to an approved body for United Kingdom conformity approval and is to be granted or refused in accordance with the procedures set out in Schedule 2 to the 2016 Regulations (as inserted by these Regulations).

(2) Nothing in these Regulations prevents marine equipment that was placed on the market of the European Union or on board an EU ship on or after 5th December 2016 and before exit day which is in conformity with the Directive being made available on the United Kingdom market or on board a United Kingdom ship.

Signed by authority of the Secretary of State for Transport

Nusrat Ghani

Parliamentary Under Secretary of State

Department for Transport

28th February 2019