Amendments to the Regulations on marine equipment concerning design, construction and performance requirements and testing standards

Introduction

The Norwegian Maritime Authority has laid down amendments to the Regulations of 30 August 2016 No. 1042 on marine equipment.

Regulation (EU) 2020/1170, which supersedes Regulation (EU) 2019/1397, was published in the EU Official Journal on 12 August 2020, and the requirements came into effect in the EU on 1 September 2020. Implementing acts adopted pursuant to the Marine Equipment Directive are pre-assessesd as being EEA-relevant and acceptable and therefore follow the fast-track procedure of the EFTA process. Nevertheless, it has not been possible to incorporate the Regulation into the EEA Agreement before its entry into force in the EU on 1 September 2020.

It is of great importance to the notified bodies designated by Norway, as well as Norwegian and foreign manufacturers who make use of these, that they at all times can follow the same regulations as their competitors elsewhere in the EEA. On account of this, the Norwegian Maritime Authority laid down amendments to the Regulations of 30 August 2016 No. 1042 on marine equipment. 

The amendments correspond to the material content of Regulation (EU) 2020/1170 and came into force on 1 September 2020, simultaneously with the entry into force of Regulation (EU) 2020/1170 in the EU.

Regulation (EU) 2020/1170 is currently being considered for incorporation into the EEA Agreement and enters into force on 26 September 2020 in the EEA countries. Therefore, like in previous years, the Norwegian Maritime Authority amends the Regulations one more time, and lays down Regulation (EU) 2020/1170 as part of the Marine Equipment Regulations, through section 2 of the Marine Equipment Regulations.

Consultation

The Regulation was adopted by the EU Commission pursuant to Article 35(2) of Directive 2014/90/EU after consideration by the Committee on Safe Seas and the Prevention of Pollution from Ships (COSS). The Regulation defines and amends teh design, construction and performance requirements and testing standards for marine equipment.

The proposed amendments to the Regulations on marine equipment have not been circulated for a new review after being circulated from 7 July until 17 August 2020. The amendments are not controversial, and the maritime administration, the industry and the notified bodies have been involved throughout the process leading up to adoption. The amendments that are implemented will not affect the material content of what was circulated for review earlier this summer.

Details on the legislation

Directive 2014/90/EU on marine equipment entered into force in the EEA on 18 September 2016. The Directive replaces the previous Directive 98/96/EC, and regulates marine equipment that is required by international Conventions SOLAS, MARPOL and COLREG.

The objective of the Directive is to ensure harmonised implementation in the EU/EEA, as well as ensure equal conditions of competition. Pursuant to Article 35(2) the Comission shall explicitly indicate the requirements that are to apply for marine equipment at any given time, and regular updates are necessary. based on experience, these Regulations are amended on a yearly basis.

Directive 2014/90/EU regulates, inter alia, the placement of marine equipment on the market. Not only does the Directive regulate rights and obligations of companies, but also of notified bodies and manufacturers of marine equipment and other economic operators. The objective of the Directive is to ensure harmonised implementation in the EU/EEA, as well as ensure equal conditions of competition.

Regulation (EU) 2020/1170 sets out in a table the requirements for design, construction and performance requirements and testing standards in respect of marine equipment falling within the scope of application of the Directive.

The table includes reference to the origin of the requirements in the relevant international conventions and further indicates the relevant modules for conformity assessment for each piece of equipment. 

References to the international instruments that set out requirements for design, construction and performance shall be understood as reference to the version of these instruments in force at all times.

With regard to testing standards, however, the table sets out the relevant standard with version numbering. Where requirements are amended, the table will indicate the first allowed placing on the market of equipment that satisfies the new requirement, and the last allowed placing on bioard for equipment certified in accordance with the old requirements.

Details on the proposed amendments

Regulations of 30 August 2016 No. 1042 on marine equipment is amended so that the references to Appendix V in sections 2 and 6 are removed. In section 2 of the Regulations, the reference to Appendix V is replaced with a reference to Regulation (EU) 2020/1170. In section 6 of the Regulations, the reference to Appendix V is replaced with a reference to section 2 of the Regulations. Appendix V is removed from the Regulations. The amended Regulations will enter into force on 26 September 2020.

Economic and administrative consequenses of the proposal

The system for confirmity assessment and certification of marine equipment implements a common European regime for approval and certification of such equipment based on the requirements imposed by international conventions (SOLAS, MARPOL, COLREG). The international requirements and testing standards change over time and trigger corresponding needs to update the Marine Equipment Directive.

The pan-European regime ensures harmonised implementation of the requirements of the international conventions and promotes equal conditions of competition for manufacturers and notified bodies.

Common rules also help reduce transaction costs associated with placing such equipment on the market. The regime shall at the same time ensure that marine equipment which is sold or placed on board Norwegian ships has a proper standard.

The implementation of the testing standards amd technical requirements of Regulations (EU) 2020/1170 does not change the regime for conformity assessment and certification as such and will therefore not have further administrative or financial consequenses for the industry than those arising from the international conventions. 

The economic and administrative consequenses of the proposal are limited to the participation in EU processes in order to draw up amendments to the Marine Equipment Directive and implement such amendments into Norwegian legislation.