The Merchant Shipping (Marine Equipment) (Amendment) (UK and US Mutual Recognition Agreement) (EU Exit) Regulations 2019

Amendment of Regulations

2.—(1) The Merchant Shipping (Marine Equipment) Regulations 2016(1) 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 2019(2);”;

(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”(3), 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”(4) insert “or Annex 6 of Merchant Shipping Notice MSN 1874 Amendment 3”.

(1)

S.I. 2016/1025, is prospectively amended by S.I. 2019/470.

(2)

The Agreement was published in Cmnd. 53. An electronic copy of Cmnd. 53 can be found at https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/779446/CS_USA_4.2019_Marine.pdf. Hard copies are available from the Maritime Division at the Department of Transport, Great Minster House, 33 Horseferry Road, London, SW1P 4DR.

(3)

The reference to “recognised third country” is prospectively inserted by paragraph 4 of the Schedule to S.I. 2019/470. The definition of “recognised third country” is prospectively inserted by paragraph 1 of the Schedule to S.I. 2019/470.

(4)

The reference to “Amendment 3” of Merchant Shipping Notice MSN 1874 is prospectively inserted by paragraph 23 of the Schedule to S.I. 2019/470.