PART 2Requirements for Equipment
Exemptions in exceptional circumstances9
1
Where equipment carried on a ship must be replaced in a port outside the European Union and it is not practicable for reasons of time, delay or cost to replace the equipment with approved equipment, equipment which is not affixed with a conformity mark may be placed on board the ship, providing—
a
the equipment is accompanied by documentation issued by a member state of the International Maritime Organization which is a party to the relevant international convention, certifying that the equipment complies with the requirements of the relevant international convention; and
b
the Secretary of State is informed immediately of the nature and characteristics of the replacement equipment.
2
Where approved equipment is not available on the market, the Secretary of State may issue a certificate to allow other equipment to be placed on board a ship until such time as approved equipment is available.
3
When issuing a certificate under paragraph (2), the Secretary of State must ensure that, as far as possible, the equipment complies with applicable international standards.
4
A certificate must set out—
a
the approved equipment being replaced;
b
the reasons for which the certificate is issued;
c
the design, construction and performance requirements against which the equipment is approved; and
d
the testing standards applied, if any, when approving the equipment.
5
The Secretary may withdraw a certificate where—
a
approved equipment is made available on the market; or
b
the European Commission requires the certificate to be withdrawn under article 32(8) of the Directive.
6
In this regulation—
“approved equipment” means equipment approved as complying with applicable international standards and affixed with a conformity mark.