The Merchant Shipping (Marine Equipment) Regulations 2016

Obligations of a Manufacturer U.K.

20.— [F1 (1) A manufacturer must ensure that—

(a) a United Kingdom conformity assessment is carried out in respect of all marine equipment using one of the procedures referred to in paragraph (1A);

(b) marine equipment is marked in accordance with regulation 15 (affixing the United Kingdom conformity mark); and

(c) keep the technical documentation specified in Schedule 2 and the United Kingdom declaration of conformity for the relevant period.

(1A) The procedures mentioned in paragraph (1)(a) are—

(a) where the United Kingdom type-examination as outlined in Part 1 of Schedule 2 (module B) is to be used, before being placed on the market, all marine equipment must be subject to—

(i) production-quality assurance as outlined in Part 2 of Schedule 2 (module D);

(ii) product-quality assurance as outlined in Part 3 of Schedule 2 (module E); or

(iii) product verification as outlined in Part 4 of Schedule 2 (module F);

(b) where sets of marine equipment are produced individually or in small quantities and not in series or in mass, the conformity assessment procedure may be the unit verification as set out in Part 5 of Schedule 2 (module G).]

(2) A manufacturer must undertake to fulfil any obligation arising from a quality system approved under regulation 12(2)(b) and must ensure that quality system is maintained.

(3) A manufacturer must ensure—

(a) its name,

(b) a type, batch or serial number or other element allowing identification of its product,

(c) its registered trade name or trade mark, and

(d) the address at which it can be contacted,

is on any equipment or, where that is not possible, on the packaging of that equipment or in a document accompanying that equipment or both, as appropriate.

(4) A manufacturer must provide with any equipment—

(a) clear instructions and all necessary information for that equipment to be installed and operated safely; and

(b) any other documentation required by international instruments.

(5) Where a manufacturer knows or has reason to believe that its equipment does not comply with applicable international standards, that manufacturer must—

(a) take immediate corrective measures to ensure that the equipment complies with applicable international standards;

(b) withdraw the equipment from the [F2 United Kingdom] market; or

(c) issue a recall of the equipment.

(6) Where a manufacturer considers that equipment presents a risk, that manufacturer must immediately inform the [F3 Secretary of State] of the risk and provide details of any non-compliance with applicable international standards and any action taken in accordance with paragraph (5).

(7) On request by [F4 the Secretary of State], a manufacturer must provide to [F5 to the Secretary of State]—

(a) samples of equipment approved by [F6 an approved] body at the manufacturer's own cost; or

(b) access to such samples.

(8) This regulation applies to an importer or a distributor as if that person were a manufacturer where the importer or distributor—

(a) places equipment on the [F7 United Kingdom] market or on board a ship under the importer or distributor's own name or trademark; or

(b) modifies equipment already placed on the [F8 United Kingdom] market or on board a ship in such a way that compliance with applicable international standards may be affected.

(9) In this regulation—

“clear instructions” means instructions in a form and language which the user easily understands.

Textual Amendments

F1 Reg. 20(1)(1A) substituted for reg. 20(1) (31.12.2020) by The Merchant Shipping (Marine Equipment) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/470), reg. 1(1), Sch. para. 18(2) (with regs. 5, 6) (as amended by S.I. 2020/1000, regs. 1, 7(2)); 2020 c. 1, Sch. 5 para. 1(1)

F2 Words in reg. 20(5)(b) inserted (31.12.2020) by The Merchant Shipping (Marine Equipment) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/470), reg. 1(1), Sch. para. 18(3) (with regs. 5, 6) (as amended by S.I. 2020/1000, regs. 1, 7(2)); 2020 c. 1, Sch. 5 para. 1(1)

F3 Words in reg. 20(6) substituted (31.12.2020) by The Merchant Shipping (Marine Equipment) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/470), reg. 1(1), Sch. para. 18(4) (with regs. 5, 6) (as amended by S.I. 2020/1000, regs. 1, 7(2)); 2020 c. 1, Sch. 5 para. 1(1)

F4 Words in reg. 20(7) substituted (31.12.2020) by The Merchant Shipping (Marine Equipment) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/470), reg. 1(1), Sch. para. 18(5)(a) (with regs. 5, 6) (as amended by S.I. 2020/1000, regs. 1, 7(2)); 2020 c. 1, Sch. 5 para. 1(1)

F5 Words in reg. 20(7) substituted (31.12.2020) by The Merchant Shipping (Marine Equipment) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/470), reg. 1(1), Sch. para. 18(5)(b) (with regs. 5, 6) (as amended by S.I. 2020/1000, regs. 1, 7(2)); 2020 c. 1, Sch. 5 para. 1(1)

F6 Words in reg. 20(7)(a) substituted (31.12.2020) by The Merchant Shipping (Marine Equipment) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/470), reg. 1(1), Sch. para. 18(5)(c) (with regs. 5, 6) (as amended by S.I. 2020/1000, regs. 1, 7(2)); 2020 c. 1, Sch. 5 para. 1(1)

F7 Words in reg. 20(8)(a) inserted (31.12.2020) by The Merchant Shipping (Marine Equipment) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/470), reg. 1(1), Sch. para. 18(6)(a) (with regs. 5, 6) (as amended by S.I. 2020/1000, regs. 1, 7(2)); 2020 c. 1, Sch. 5 para. 1(1)

F8 Words in reg. 20(8)(b) inserted (31.12.2020) by The Merchant Shipping (Marine Equipment) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/470), reg. 1(1), Sch. para. 18(6)(b) (with regs. 5, 6) (as amended by S.I. 2020/1000, regs. 1, 7(2)); 2020 c. 1, Sch. 5 para. 1(1)