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PART 1 U.K.Preliminary

Citation and commencementU.K.

1.  The Regulations may be cited as the Merchant Shipping (Marine Equipment) Regulations 2016 and come into force on 5th December 2016.

InterpretationU.K.

2.—(1) In these Regulations—

[F1“accreditation” means an attestation by the United Kingdom national accreditation body that a conformity assessment body meets the requirements set out in Schedule 3 to carry out conformity assessment activities;]

[F1“accreditation certificate” means a certificate issued by the United Kingdom national accreditation body, attesting that a conformity assessment body meets the approved body requirements set out in Schedule 3;]

“the Act” means the Merchant Shipping Act 1995;

[F2“the Agreement” means the Agreement between the United Kingdom of Great Britain and Northern Ireland and the United States of America on the Mutual Recognition of Certificates of Conformity for Marine Equipment dated 14th February 2019;]

“applicable international standards” means the design, construction and performance requirements of the international instruments which the equipment must satisfy as set out in Annex 1 or 2 of Merchant Shipping Notice MSN 1874 [F3Amendment 3];

“applicable UK standards” means the requirements set out in Annex 3 of Merchant Shipping Notice MSN 1874 [F4Amendment 3] for equipment which is not subject to applicable international standards;

[F5“approved body” means a conformity assessment body which—

(a)

has been approved by the Secretary of State pursuant to the procedure set out in Schedule 4; or

(b)

immediately before IP completion day was a notified body in respect of which the Secretary of State had taken no action to suspend or withdraw the body's status as a notified body];

[F5“approved body requirements” means the requirements set out in Schedule 3;]

[F5authorised representative” means a person who—

(a)

immediately before IP completion day was established in an EEA state and appointed in accordance with article 13 of the Directive; or

(b)

after IP completion day is appointed in accordance with regulation 16 (authorised representatives);]

“category C waters” has the meaning given in Merchant Shipping Notice MSN 1837(M) Amendment 1;

“competent national authority” means the competent national authority in each member State responsible for ensuring compliance with the requirements of the Directive;

[F6“conformity assessment” means the process demonstrating whether marine equipment complies with the requirements set out in these Regulations];

[F6“conformity assessment activities” means any activities connected with conformity assessment, including calibration, testing, certification and inspection;]

[F6“conformity assessment body” means a body that performs conformity assessment activities;]

[F6“conformity assessment procedure” means a procedure referred to in regulations 4 (designation of approved and nominated bodies), 11 (applications for grant of United Kingdom conformity approval) and 12 (grant of United Kingdom conformity approval: obligations of an approved body) and Schedule 2 (United Kingdom conformity assessment procedures); ]

“conformity mark” means the mark affixed to equipment by the manufacturer in accordance with regulation 15;

“the Directive” means Directive 2014/90/EU of the European Parliament and of the Council of 23rd July 2014 on marine equipment and repealing Council Directive 96/98/EC M1;

[F7“distributor” means any person in the supply chain, other than the manufacturer or the importer, who makes marine equipment available on the United Kingdom market;]

“domestic passenger ship” means a passenger ship which has been issued a certificate to embark on voyages in category C waters or seaward of those waters, but not for international voyages;

“economic operator” means a manufacturer, authorised representative, importer or distributor;

[F8“EU conformity approval” means approval issued by an EU notified body in accordance with the Directive;]

[F9“EU notified body” means a body designated by the competent national authority of an EU Member State in accordance with the Directive;]

“fishing vessel” means a vessel used to catch fish or other living resources of the sea with a registered length of 24 metres or more;

[F10“importer” means a person who—

(a)

is established in the United Kingdom; and

(b)

who places marine equipment from a country outside of the United Kingdom on the United Kingdom market;]

[F10“international conventions” means the following conventions, together with their protocols and codes of mandatory application, adopted under the auspices of the International Maritime Organisation (“IMO”), which have entered into force and which lay down specific requirements for the approval by the flag State of marine equipment to be placed on board ships—

(a)

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

(b)

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

(c)

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

[F10“international instruments” means the international conventions, together with the resolutions and circulars of the IMO giving effect to those conventions as amended from time to time, and the testing standards; ]

“international voyage” means a voyage from a port in one country to a port in another country, either of the countries being a country to which the 1974 Convention for the Safety of Life at Sea M2 applies;

“length” means the greater of the following distances—

(a)

the distance between the fore side of the stem and the axis of the rudder stock, or

(b)

96 per cent of the distance between the fore side of the stem and the aft side of the stern,

the points and measurements being taken respectively at and along the waterline at 85 per cent of the least moulded depth of the ship; in the case of a ship with a rake of keel, the waterline must be parallel to the designated waterline;

[F11“making available on the market” means any supply of marine equipment on the United Kingdom market in the course of a commercial activity, whether in return for payment or free of charge;]

[F11“manufacturer” means any person who—

(a)

manufactures marine equipment or has marine equipment designed or manufactured; and

(b)

markets that equipment under that person's name or trademark;]

[F11“marine equipment” means equipment falling within the scope of these Regulations; ]

F12...

“Merchant Shipping Notice” means a notice described as such and issued by the Secretary of State and any reference to a particular Merchant Shipping Notice includes a reference to a Merchant Shipping Notice amending or replacing that Notice which is considered by the Secretary of State to be relevant from time to time;

“nominated body” means a person designated as a nominated body under regulation 4(2);

[F13“notified body” means a body which the Secretary of State had before IP completion day notified to the European Commission and the member States of the European Union in accordance with Article 17 of the Directive;]

“passenger” means every person on a ship other than—

(a)

the master and the members of the crew or other persons employed or engaged in any capacity on board a ship on the business of that ship,

(b)

a person on board the ship in pursuance of an obligation on the master to carry shipwrecked, distressed or other persons or by reason of any circumstance that neither the master nor the owner could have prevented, and

(c)

a child under one year of age;

“passenger ship” means a ship which carries more than 12 passengers;

[F14“product” means an item of marine equipment;]

[F14“RAMS” means Regulation (EC) 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No. 339/93;]

[F14“recall” means any measure aimed at achieving the return of marine equipment that has already been placed on board a United Kingdom ship or purchased with the intention of being placed on a United Kingdom ship;]

[F14“recognised third country” means a country, that is not part of the United Kingdom or the European Union, whose marine equipment accreditation and conformity assessment procedures the Secretary of State is satisfied, taking into account relevant international instruments, is equivalent to those of the United Kingdom; ]

“relevant period” means a period of at least 10 years from the date that the [F15United Kingdom] conformity mark was affixed to the equipment and not less than the expected life of the equipment;

[F16“United Kingdom conformity mark” means the mark affixed to equipment by the manufacturer in accordance with regulation 15;]

[F16“United Kingdom declaration of conformity” means a statement issued by the manufacturer in accordance with regulation 14(2);]

[F16“United Kingdom national accreditation body” means “the body appointed by the Secretary of State in accordance with Article 4 of RAMS; ]

“United Kingdom ship” means a ship which is—

(a)

a United Kingdom ship within the meaning of section 85(2) of the Act,

(b)

a Government ship within the meaning of section 308(4) of the Act, or

(c)

a hovercraft registered under the Hovercraft Act 1968 M3.

[F17“US declaration of conformity” means the Certificate of Type Approval issued by the United States Coast Guard certifying that a product fulfils the relevant legislative, regulatory, and administrative requirements of the United States of America;]

[F18“withdrawal”, in relation to marine equipment, means any measure aimed at preventing marine equipment in the supply chain from being made available on the United Kingdom market]

F19(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) In the application of these Regulations to a hovercraft, a reference to the master of a ship includes a reference to the captain of that hovercraft.

F20(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) Where a ship is managed by a person other than the owner (whether on behalf of the owner, some other person or on his own behalf), a reference in these Regulations to the owner is construed as including a reference to that person.

(6) Any direction, prohibition or restriction given under these Regulations must be given in writing and must specify the date on which it takes effect and the conditions (if any) on which it is given.

Textual Amendments

Marginal Citations

M1OJ L257, 28.8.2014, p.146.

M2Cmnd 7874.

ApplicationU.K.

3.  These Regulations apply to any United Kingdom ship wherever it may be.

Designation of [F21approved] and nominated bodiesU.K.

4.—[F22(1) The Secretary of State may designate any person as an approved body to carry out the procedures specified in Schedule 2 (which makes provision about United Kingdom Conformity Assessment Procedures), provided that the Secretary of State is satisfied that person meets the requirements specified in Schedule 3 (which makes provision about requirements to be met by conformity assessment bodies in order to become approved bodies).]

(2) The Secretary of State may designate any person as a nominated body to carry out the procedures specified in paragraphs 11 and 12 of Part II of [F23Merchant Shipping Notice MSN 1874 Amendment 3].

(3) A designation must be made in writing and set out—

(a)the functions to be performed by the [F24approved] or nominated body;

(b)the equipment to which the designation applies; and

(c)any time limit or condition which applies to the designation.

(4) The Secretary of State may withdraw a designation—

(a)on request by the [F25approved] or nominated body;

(b)where the [F26approved] body ceases to comply with the requirements in [F27Schedule 3]; or

(c)where the [F28approved body] or nominated body fails to comply with any condition imposed under paragraph (3) above.

(5) The Secretary of State may vary a designation—

(a)on request by [F29the approved] or nominated body; or

(b)where it appears necessary or expedient to do so.

(6) The Secretary of State may inspect [F30an approved] or nominated body to ensure it is performing its functions—

(a)under regulation 12 or 18; and

(b)in accordance with the conditions of its designation.

[F31(6A) The procedure for making a designation under paragraph (1) is specified in Schedule 4 (designation procedure).]

(7) Where a person applies for designation under paragraph (1) or (2), the Secretary of State must inform that person in writing of the reasons for—

(a)refusing to designate that person as [F32an approved] or nominated body;

(b)imposing any condition more onerous than proposed by the applicant; or

(c)withdrawing or varying a designation.

Textual Amendments