The Merchant Shipping (Marine Equipment) (Amendment etc.) (EU Exit) Regulations 2019

Amendment of regulation 20 of the 2016 Regulations (obligations of a manufacturer)U.K.

This section has no associated Explanatory Memorandum

18.—(1) Regulation 20 of the 2016 Regulations (obligations of a manufacturer) is amended as follows.

(2) For paragraph (1) substitute—

(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)..

(3) In paragraph (5), in sub-paragraph (b), after “from the” insert “ United Kingdom ”.

(4) In paragraph (6) for “competent national authority” substitute “ Secretary of State ”.

(5) In paragraph (7)—

(a)for “a competent national authority” substitute “ the Secretary of State ”;

(b)for “that competent national authority” substitute “ to the Secretary of State ”;

(c)in sub-paragraph (a) for “a notified” substitute “ an approved ”.

(6) In paragraph (8)—

(a)in sub-paragraph (a) after “on the” insert “ United Kingdom ”;

(b)in sub-paragraph (b) after “on the” insert “ United Kingdom ”.

Commencement Information

I1Sch. para. 18 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)