The European Commission has adopted the regulation regarding marine equipment
The European Commission on 8 August 2023 adopted Regulation (EU) 2023/1667 regarding the design, construction, and performance requirements and testing standards for marine equipment.
This regulation will enter into force on 10 October 2023.
The European Commission, having regard to the Treaty on the Functioning of the European Union,
Having regard to Directive 2014/90/EU of the European Parliament and of the Council of 23 July 2014 on marine equipment and repealing Council Directive 96/98/EC (OJ L 257, 28.8.2014, p. 146.), and in particular Article 35(2) thereof,
Whereas:
(1) The design, construction, and performance requirements and testing standards in respect of marine equipment falling within the scope of Directive 2014/90/EU are provided for in international instruments, defined in Article 2(5) of that Directive.
(2) In order to take into account the most recent changes to international instruments, the list of the applicable international instruments should be updated, and marine equipment which has become subject to harmonized Union requirements pursuant to Directive 2014/90/EU following those changes should be explicitly listed.
(3) Commission Implementing Regulation (EU) 2022/1157* should, therefore, be repealed.
*Commission Implementing Regulation (EU) 2022/1157 of 4 July 2022 laying down rules for the application of Directive 2014/90/EU of the European Parliament and of the Council, as regards design, construction and performance requirements and testing standards for marine equipment and repealing Implementing Regulation (EU) 2021/1158 (OJ L 180, 6.7.2022, p. 1).
(4) It is reasonable and proportionate to allow a transitional period during which a new item of marine equipment which is in conformity with the national requirements for type-approval in force in a Member State before the entry into force of this Regulation can continue to be placed on the market and on board an EU ship, as defined in Article 2(2) of Directive 2014/90/EU.
(5) In order to facilitate a harmonized, rapid, and simple implementation of Directive 2014/90/EU, implementing acts adopted pursuant to that Directive should take the form of Implementing Regulations, in accordance with Article 35(5) of that Directive.
(6) In order to allow the marine equipment industry and other stakeholders to adapt to the measures provided for in this Regulation, this Regulation should enter into force 40 days following its publication in the Official Journal of the European Union.
(7) The measures provided for in this Regulation are in accordance with the opinion of the Committee on Safe Seas and the Prevention of Pollution from Ships established by Regulation (EC) No 2099/2002 of the European Parliament and of the Council**,
Has adopted this Regulation:
Article 1
The design, construction, and performance requirements and the testing standards provided for in the international instruments, defined in Article 2(5) of Directive 2014/90/EU, shall apply to each item of marine equipment listed in the Annex to this Regulation.
Article 2
Implementing Regulation (EU) 2022/1157 is repealed.
Article 3
- Marine equipment listed as a ‘new item inserted by Implementing Regulation (EU) 2021/1158’ in column 1 of the Annex, which is in compliance with the national requirements for type-approval in force before 25 August 2021 in a Member State, may continue to be placed on the market and on board an EU ship until 25 August 2024.
- Marine equipment listed as a ‘new item inserted by Implementing Regulation (EU) 2022/1157’ in column 1 of the Annex, which is in compliance with the national requirements for type-approval in force before 15 August 2022 in a Member State, may continue to be placed on the market and on board an EU ship until 15 August 2025.
Article 4
This Regulation shall enter into force on the fortieth day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
**Regulation (EC) No 2099/2002 of the European Parliament and of the Council of 5 November 2002 establishing a Committee on Safe Seas and the Prevention of Pollution from Ships (COSS) and amending the Regulations on maritime safety and the prevention of pollution from ships (OJ L 324, 29.11.2002, p. 1).
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