2019 No. 1304
The Merchant Shipping (Marine Equipment) (Amendment) (UK and US Mutual Recognition Agreement) (EU Exit) Regulations 2019
Made
Laid before Parliament
Coming into force in accordance with regulation 1
The Secretary of State makes these Regulations in exercise of the powers conferred by sections 85(1), (3) and (5) to (7) and 86(1) of the Merchant Shipping Act 19951. In accordance with section 86(4) of that Act the Secretary of State has consulted such persons as the Secretary of State considers will be affected by these Regulations.
Citation and commencement1
1
These Regulations may be cited as the Merchant Shipping (Marine Equipment) (Amendment) (UK and US Mutual Recognition Agreement) (EU Exit) Regulations 2019.
2
These Regulations come into force on exit day, immediately following the coming into force of the Merchant Shipping (Marine Equipment) (Amendment etc.) (EU Exit) Regulations 20192.
Amendment of Regulations2
1
The Merchant Shipping (Marine Equipment) Regulations 20163 are amended as follows.
2
In regulation 2 (interpretation), in paragraph (1)—
a
after the definition of “the Act” insert—
“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 20194;
b
after the definition of “United Kingdom ship” insert—
“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;
3
In regulation 5 (requirements for equipment)—
a
in paragraph (4)(c), after “recognised third country”5, insert “other than the United States of America”;
b
after paragraph (4), insert—
4A
Equipment listed in Annex 6 of Merchant Shipping Notice MSN 1874 Amendment 3 must be taken to comply with applicable international standards where it is—
a
approved by the United States Coast Guard;
b
accompanied by a US declaration of conformity; and
c
affixed with the United Kingdom conformity mark.
4B
Paragraph (4A) does not apply to any equipment in respect of which approval has been suspended in accordance with Article 15 of the Agreement.
4
In regulation 15 (affixing the United Kingdom conformity mark) in paragraph (3), for sub-paragraphs (c)(i) and (ii) substitute—
i
the identification number of the approved body which approved the equipment and the year in which the mark was affixed, where that body is involved in the production control phase; or
ii
the identification number assigned to the United States Coast Guard by the Secretary of State, and the year in which the mark was affixed, where equipment listed in Annex 6 of Merchant Shipping Notice MSN 1874 Amendment 3 has been approved by the United States Coast Guard and granted a US declaration of conformity.
5
In regulation 25 (defective equipment), in paragraph (4) in the definition of “defective equipment”, after “Annex 1 of Merchant Shipping Notice MSN 1874 Amendment 3”6 insert “or Annex 6 of Merchant Shipping Notice MSN 1874 Amendment 3”.
Signed by authority of the Secretary of State for Transport
(This note is not part of the Regulations)