The Merchant Shipping (Marine Equipment) Regulations 1999

PART II: REQUIREMENTS FOR EQUIPMENT

6.—(1) Subject to paragraph (3) and regulations 7 to 10 below, equipment specified in Merchant Shipping Notice MSN 1734 which is placed on board either–

(a) a new ship; or

(b) an existing ship, unless it is placed on board the ship to replace equipment carried on the ship and the relevant international convention which requires that such equipment be carried makes different provision as to the standard of performance or assessment for such replacement equipment,

on or after 5th August 1999, shall comply with the applicable international standards as specified in Merchant Shipping Notice MSN 1734.

(2) Equipment shall not be taken to comply with the applicable international standards referred to in paragraph (1) above unless–

(a) it satisfies the testing standards of the relevant international convention, as specified in Merchant Shipping Notice MSN 1734; and

(b) it has been manufactured in accordance with the EC conformity-assessment procedure as set out in regulation 11 below and the mark of conformity, identification and last two digits of the year in which the mark was affixed have been affixed pursuant to regulation 18 below.

(3) Notwithstanding paragraph (1) above, equipment manufactured before 1st January 1999 in accordance with the procedures for type-approval in force in a member State before 20th December 1996 may be–

(a) placed on the market, supplied for use or exposed or offered for supply within the UK; and

(b) placed on board a ship the relevant safety certificate of which was issued by or on behalf of that member State in accordance with the relevant international convention,

before 1st January 2001.

Exception for technical innovation

7.—(1) Notwithstanding regulation 6 above, in exceptional circumstances of technical innovation, the Secretary of State may allow equipment which does not comply with the EC conformity-assessment procedures set out in regulation 11 below to be placed on board a ship if he is satisfied, by trial or otherwise, that such equipment is at least as effective as equipment which does comply with those procedures.

(2) The Secretary of State shall only allow radiocommunications equipment to be placed on board a ship in the circumstances set out in paragraph (1) above if he is satisfied that such equipment does not unduly affect the requirements of the radio-frequency spectrum.

(3) The Secretary of State shall issue a certificate in respect of any equipment which he allows to be placed on board a ship pursuant to paragraph (1) above which certificate shall–

(a) record 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 on board the ship with the equipment at all times.

(4) If a ship registered in a country other than the United Kingdom, with equipment on board which has received the approval of its flag State pursuant to article 14 of the Directive, is transferred to the United Kingdom register, the Secretary of State may take the necessary measures, including carrying out, or having carried out, such tests and practical demonstrations as he considers necessary, to ensure that the equipment is at least as effective as equipment which does comply with the EC conformity-assessment procedures.

Exception for testing or evaluation

8.—(1) Notwithstanding regulation 6 above, the Secretary of State may allow equipment which does not comply with either the EC conformity-assessment procedures set out in regulation 11 below or regulation 7 above to be placed on board a ship to facilitate the testing or evaluation of such equipment if–

(a) the Secretary of State issues a certificate in respect of the equipment which complies with the conditions specified in paragraph (2) below;

(b) the permission in respect of the equipment is limited to a short period of time; and

(c) the equipment is not relied on in place of equipment which satisfies the requirements of regulation 6 above or used to replace any such equipment.

(2) The conditions referred to in paragraph (1) above in respect of a certificate issued under that paragraph are:

(a) it shall record the Secretary of State’s approval for the equipment to be placed on board;

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

(c) it shall be carried with the equipment at all times.

(3) The Secretary of State shall only allow radiocommunications equipment to be placed on board a ship in the circumstances set out in paragraph (1) above if he is satisfied that such equipment does not unduly affect the requirements of the radio-frequency spectrum.

Transfer of new ship

9.—(1) Where a new ship is transferred to the United Kingdom register the Secretary of State shall inspect, or have inspected, the equipment on board to which these Regulations apply to verify that the condition of such equipment corresponds to its safety certificates and that it complies with either regulation 6 above or is equivalent.

(2) If the Secretary of State is not satisfied that equipment on a new ship transferred to the United Kingdom register complies with regulation 6 or is equivalent, he shall direct in writing that the owner replace the equipment.

(3) Notwithstanding regulation 6 above, if, in respect of a new ship transferred to the United Kingdom register, the Secretary of State considers that any equipment on board does not comply with regulation 6 above but is equivalent he shall issue a certificate in respect of such equipment which shall–

(a) record 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 on board the ship with the equipment at all times.

(4) Any radiocommunications equipment on board a new ship transferred to the United Kingdom register shall not unduly affect the requirements of the radio-frequency spectrum.

Replacement of equipment outside European Community

10.—(1) Notwithstanding regulation 6 above, if equipment to which these Regulations apply must be replaced in a port outside the European Community and it is not practicable for reasons of time, delay or cost to replace the equipment with equipment which complies with the requirements of regulation 6 above, equipment which does not comply with that regulation may be placed on board the ship if the conditions specified in paragraph (2) below are complied with.

(2) The conditions referred to in paragraph (1) are:

(a) if an agreement has been concluded between the European Community and the country in which the port is located on the mutual recognition of such organisations, the replacement equipment shall be accompanied by documentation issued by a recognised organisation equivalent to a body designated under regulation 5 above; or

(b) if it is impossible to comply with sub-paragraph (a) above, the equipment shall be accompanied by documentation issued by a member State of the International Maritime Organisation which is a party to the relevant international convention certifying that the equipment complies with the applicable international standards.

(3) If equipment is replaced on a ship in accordance with paragraph (1) above the owner of the ship shall inform the Secretary of State immediately of the nature and characteristics of the equipment and the circumstances rendering it impracticable to place equipment on board which complied with the requirements of regulation 6 above.

(4) The Secretary of State shall ensure that equipment replaced outside the European Community pursuant to paragraph (1) above complies with the requirements of regulation 6 above and may carry out, or have carried out, such tests on the equipment as he considers necessary for this purpose.

(5) If the equipment which is replaced in a port outside the Community pursuant to paragraph (1) above is radiocommunications equipment, such equipment shall not unduly affect the requirements of the radio-frequency spectrum.