Marine Equipment Directive- Amendment 3

You are here: Marine Equipment Directive- Amendment 3

Susan Rooke
Bay 2/17
Spring Place
105 Commercial Road
Southampton
SO15 1EG
United Kingdom

Tel: +44 (0)23 80329 179
Fax: +44 (0)23 8032 9161

E-mail: susan.rooke@mcga.gov.uk

31 March 2009

Your ref:

Our ref: MED/MSN 1734 and 1735

Consultation on the draft Merchant Shipping (Marine Equipment) (Amendment) Regulations 2009 and Merchant Shipping Notices 1734 and 1735 (M + F) amendment 3

The purpose of the Marine Equipment Directive is to enhance safety at sea and the prevention of marine pollution through the uniform application of the relevant international instruments relating to marine equipment for which EC type approval safety certificates are issued.

We need to make arrangements for the entry into force of a new EC Directive 2008/67/EC on 21 July 2009 that amends Council Directive 96/98/EC on marine equipment. This Directive introduces a new Annex A1 that updates the list of appropriate international standards to be used as a basis for type approval. There is a two year transitional period for equipment for which standards are newly listed or which formerly appeared in Annex A2 of the original Directive 96/98/EC listing equipment without international standards. This reduces the risk to manufacturers, distributors and retailers who might otherwise be left holding stocks of maritime equipment which they could not sell in EU countries.

You are invited to comment on the following documents that are attached which we have drafted in preparation for transposing this new Directive into UK Regulations:

Statutory Instrument: The Merchant Shipping (Marine Equipment) (Amendment) Regulations 2009 (Annex A)

This introduces the transitional arrangements and includes an Explanatory Memorandum. This is accompanied by a Transposition Note that sets out the steps necessary to implement the Directive, including making consequential changes to domestic legislation to ensure its coherence in the area to which they apply.

Merchant Shipping Notice 1734 (M + F) amendment 3 (Annex B)

This provides information on the type approval of marine equipment for which there are appropriate international standards and this equipment is detailed in annexes to the MSN ((Annex A1 from the amending Directive). The entries relating to equipment to which transitional arrangements will apply (items newly listed in Annex AI of the new Directive or which formerly appeared in Annex A2 of the original Directive) are marked *Trans in the Annex to MSN 1734. It also includes an updated list of UK designated EC Notified Bodies that are able to provide type approval together with contact details.

Merchant Shipping Notice 1735 (M + F) amendment 3 (Annex C)

This provides information on the type approval of marine equipment where there are currently no agreed international testing standards and this equipment is detailed in annexes to the MSN. It also includes details of the list of the UK Nominated Bodies who are approved to undertake type approval for domestic standards. For equipment not listed in the amending annex which requires type approval but is required to be type approved the MCA should be contacted for further advice.

We have now included Annex A.2 (from the amending Directive in the same style as Annex A1 in MSN 1734) to ensure consistency and ease of cross referencing. In addition other equipment requiring type approval where there is no international legislation is also listed.

We would be grateful if Consultees especially UK Nominated Bodies would advise us of any equipment that falls into this category that is not currently listed.

Impact Assessment (Annex D)

This provides details of the Implementation of Directive 2008/67/EC amending Directive 96/98/EC on Marine Equipment (transitional arrangements in Article 2 of Directive) and explains why government intervention is necessary and the policy objectives and their intended effects, costs and benefits.

Consultation Period

In view of these changes just updating the list of marine equipment and allowing the two year transitional arrangement for new or transferred equipment a shortened consultation period of eight weeks has been agreed by the Secretary of State.

This consultation has been sent either by hard copy or e-mail as deemed the most appropriate method. If you have received the documents by e-mail and would prefer a hard copy, or vice versa, please contact me.

You are invited to make comment on this document either by e-mail to susan.rooke@mcga.gov.uk or by fax to 023 80329 371, or post to the following address:

Susan Rooke
Internal Consultant Ship Safety
Maritime and Coastguard Agency
Bay 2/17 Spring Place
105, Commercial Road
Southampton
SO15 1EG

by noon on the 25 May 2009

This consultation is also available on our website, www.mcga.gov.uk under Ships and Cargoes, Current Consultations. After the closing date it will be transferred to the Closed Consultations section.

Comments on this Consultation, together with the Maritime and Coastguard Agency’s (MCA) responses, will be made available on the MCA’s website, www.mcga.gov.uk within three months of the closing date of this Consultation

Please also find attached:

Appendix E: A list of Consultees

Appendix F: A note about the Freedom of Information Act

Appendix G: A summary of the criteria for the conduct of consultations

Appendix H: MCA Consultation feedback form

If you have any comments about the conduct of this consultation, or feel that it does not comply with the government’s Code of Practice for Consultation, you are encouraged to address your comments to: consultation.coordinator@mcga.gov.uk , fax: +44 023 8032 9122, or by post to: Consultation Co-ordinator, Corporate Secretariat, Bay 3/26, Spring Place, 105, Commercial Road Southampton, SO15 1EG.

You may also use the feedback form at the end of this letter for this purpose but we would ask that this address should not be used for comments on the subject matter of the consultation.

Yours faithfully,

Susan Rooke

Susan Rooke

Internal Consultant

Ship Safety

List of Consultees

Appendix E

UK authorised Classification Societies: Det Norske Veritas, Lloyds Register, Germanischer Lloyd, American Bureau of Shipping, Nippon Kaiji Kyokai, Bureau Veritas, Registro Italiano Navale.

Nominated Bodies (as per Merchant Shipping Notice 1735)

Notified Bodies (as per Merchant Shipping Notice 1734)

The British Chamber of Shipping

Nautilus Union

`Red Ensign Group` of UK Overseas and Crown Dependencies

Maritime and Coastguard Agency Safety Equipment Advisory Committee (an industry liaison body)

International Life Saving Appliances Manufacturers Association (ILAMA)

Inflatable Safety & Survival Equipment Trade Association Ltd (ISSETTA)

Maritime and Coastguard Agency Fishing Industry Safety Group (an industry liaison body)

Welsh Office

Scottish Office

Appendix F

Freedom of Information Act

Information provided in response to this consultation, including personal information, may be published or disclosed in accordance with the access to information regimes (these are primarily the Freedom of Information Act 2000 (FOIA), the Data Protection Act 1998 (DPA) and the Environmental Information Regulations 2004).

If you want the information that you provide to be treated as confidential, please be aware that, under the FOIA, there is a statutory Code of Practice with which public authorities must comply and which deals, amongst other things, with obligations of confidence. In view of this it would be helpful if you could explain to us why you regard the information you have provided as confidential. If we receive a request for disclosure of the information we will take full account of your explanation, but we cannot give an assurance that confidentiality can be maintained in all circumstances. An automatic confidentiality disclaimer generated by your IT system will not, of itself, be regarded as binding on the Department.

The Department will process your personal data in accordance with the DPA and in the majority of circumstances; this will mean that your personal data will not be disclosed to third parties.

Appendix G

Code of Practice on Consultation

The Code of Practice on Consultation provides guidance on how a Consultation should be conducted. This is structured around six consultation criteria, which are:

Consult widely throughout the process, allowing a minimum of 12 weeks for written consultation at least once during the development of the policy.
Be clear about what your proposals are, who may be affected, what questions are being asked and the timescale for responses.
Ensure that your consultation is clear, concise and widely accessible.
Give feedback regarding the responses received and how the consultation process influenced the policy.
Monitor your department’s effectiveness at consultation, including through the use of a designated consultation co-ordinator.
Ensure your consultation follows better regulation best practice, including carrying out a Regulatory Impact Assessment if appropriate.

A full version of the Code of Practice on Consultation is available at: http://www.berr.gov.uk/files/file44364.pdf.

Appendix H

MCA CONSULTATION FEEDBACK FORM

To download a copy of the consultation feedback form please click here (78Kb)

Thank you for your time. Please return this form to:

Consultation Co-ordinator,
Maritime and Coastguard Agency,
Spring Place, Bay 3/26,
105 Commercial Road
Southampton
SO15 1EG

Or e-mail it to: consultation.coordinator@mcga.gov.uk

Please note that the deadline for responses to the Consultation itself does not apply to the return of this form.

Annex A

Annex A 09116 SI Merchant Shipping Marine Equipment Regs PDF (108 KB)

Annex A 09022009 A transposition note PDF (56.0 KB)

Annex B