CHAPTER 1 GENERAL PROVISIONS

Article 2 Definitions

For the purposes of this Directive, the following definitions apply:

(1)

‘marine equipment’ means equipment falling within the scope of this Directive in accordance with Article 3;

(2)

‘EU ship’ means a ship flying the flag of a Member State and falling within the scope of the international conventions;

(3)

‘international conventions’ means the following conventions, together with their protocols and codes of mandatory application, adopted under the auspices of the International Maritime Organization (IMO), which have entered into force and which lay down specific requirements for the approval by the flag State of equipment to be placed on board ships:

• the 1972 Convention on the International Regulations for Preventing Collisions at Sea (Colreg),

• the 1973 International Convention for the Prevention of Pollution from Ships (Marpol),

• the 1974 International Convention for the Safety of Life at Sea (Solas);

(4)

‘testing standards’ means the testing standards for marine equipment set by:

• the International Maritime Organization (IMO),

• the International Organization for Standardization (ISO),

• the International Electrotechnical Commission (IEC),

• the European Committee for Standardization (CEN),

• the European Committee for Electrotechnical Standardization (Cenelec),

• the International Telecommunication Union (ITU),

• the European Telecommunications Standards Institute (ETSI),

• the Commission, in accordance with Article 8 and Article 27(6) of this Directive,

• the regulatory authorities recognised in the mutual recognition agreements to which the Union is a party;

(5)

‘international instruments’ means the international conventions, together with the resolutions and circulars of the IMO giving effect to those conventions in their up-to-date version, and the testing standards;

(6)

‘wheel mark’ means the symbol referred to in Article 9 and set out in Annex I or, as appropriate, the electronic tag referred to in Article 11;

(7)

‘notified body’ means an organisation designated by the competent national administration of a Member State in accordance with Article 17;

(8)

‘making available on the market’ means any supply of marine equipment on the Union market in the course of a commercial activity, whether in return for payment or free of charge;

(9)

‘placing on the market’ means the first making available of marine equipment on the Union market;

(10)

‘manufacturer’ means any natural or legal person who manufactures marine equipment or has marine equipment designed or manufactured, and markets that equipment under its name or trademark;

(11)

‘authorised representative’ means any natural or legal person established within the Union who has received a written mandate from a manufacturer to act on its behalf in relation to specified tasks;

(12)

‘importer’ means any natural or legal person established within the Union who places marine equipment from a third country on the Union market;

(13)

‘distributor’ means any natural or legal person in the supply chain, other than the manufacturer or the importer, who makes marine equipment available on the market;

(14)

‘economic operators’ means the manufacturer, the authorised representative, the importer and the distributor;

(15)

‘accreditation’ means accreditation as defined in point 10 of Article 2 of Regulation (EC) No 765/2008;

(16)

‘national accreditation body’ means national accreditation body as defined in point 11 of Article 2 of Regulation (EC) No 765/2008;

(17)

‘conformity assessment’ means the process carried out by the notified bodies, in accordance with Article 15, demonstrating whether marine equipment complies with the requirements laid down in this Directive;

(18)

‘conformity assessment body’ means a body that performs conformity assessment activities including calibration, testing, certification and inspection;

(19)

‘recall’ means any measure aimed at achieving the return of marine equipment that has already been placed on board EU ships or purchased with the intention of being placed on board EU ships;

(20)

‘withdrawal’ means any measure aimed at preventing marine equipment in the supply chain from being made available on the market;

(21)

‘EU declaration of conformity’ means a statement issued by the manufacturer in accordance with Article 16;

(22)

‘product’ means an item of marine equipment.