Marine Equipment Act (Stb. 2004, 553; English, uncontrolled version)

Chapter 1 General provisions

Article 1
In this Act and the provisions based on it, the following terms have the following meanings:

1. Directive: Directive no. 96/98/EG of the Council of the European Union of 20 December 1996 regarding equipment of seagoing vessels (PbEG 1997, L 46);
2. the Conventions: 1st, the International Convention on Load Lines, established on 5 April 1966 in London (Trb. 1966, 275); 2nd, the Convention on the International Regulations for Preventing Collisions at Sea, established on 20 October 1972 in London (Trb.1974, 51); 3rd, the International Convention for the Prevention of Pollution from Ships, established on 2 November 1973 in London (Trb. 1975, 147); 4th, the International Convention for the Safety of Life at Sea, established on 1 November 1974 in London (Trb. 1976, 157); 5th, the Protocols, binding Annexes or binding Appendices relating to the Conventions mentioned under 10 up to 40;
3. equipment: the items of marine equipment, listed in Annex A.1 of the Directive;
4. Dutch ship: a ship entitled to fly the flag of the Kingdom pursuant to Dutch legal rules, and for which the Conventions require that the equipment to be placed on board has been approved in accordance to the Conventions;
5. product specifications: the relevant manufacturing requirements and assessment standards from Annex A.1 to the Directive;
6. conformity assessment: the assessment into compliance of equipment with product specifications;
7. mark of conformity: the symbol, rendered in Annex D to the Directive, that is affixed on equipment of which has been proven according to this Act or another regulation in implementation of the Directive, that it complies with the applicable provisions of the Conventions;
8. conformity assessment body: a body , designated pursuant to Article 4, first paragraph;
9. Our Minister: Our Minister of Transport, Public Works and Water Management.

Article 2
This Act is not applicable to equipment, intended for placing on board of war ships, naval auxiliary ships and other ships being used for the performance of a military task.

Article 3
1. Equipment, intended for placing on board of a Dutch ship, complies with the product specifications.
2. Equipment as referred to in the first paragraph, is only introduced on the market when it has been provided with the mark of conformity.

Chapter 2 The appointment of conformity assessment bodies

Article 4
1. Our Minister designates the bodies , in compliance with Annex C to the Directive, entrusted with the specific they have been designated to carry out, within the scope of one or more of the conformity-assessment modules as referred to in Annex B to the Directive.
2. Regulations may be attached to a designation as referred to in the first paragraph, which can also relate to the tariffs to be charged by the appointed authority.
3. By Ministerial Regulation rules may be established regarding the criteria for the assessment of bodies who want to qualify for a designation as referred to in the first paragraph, the method of assessment and compensation due by these bodies for the costs of the assessment.
4. Our Minister withdraws a designation as referred to in the first paragraph:

1. if he is of the opinion that the conformity assessment body does not comply with the criteria of Annex C to the Directive or the criteria included in de Ministerial Regulation, as referred to in the third paragraph, on the assessment of designated bodies;
2. if the designated body does not observe the regulations of or pursuant to this Act or the requirements related to the designation.

Article 5
Our Minister informs the Commission of the European Communities and the other Member States of the European Union of a designation or a withdrawal pursuant to Article 4 and, in case of designation , the tasks designated to the designated body and the identification number assigned to that body by the Commission of the European Communities.

Chapter 3 The conformity assessment

§ 1 Directions for the manufacturer

Article 6
In this paragraph a designated body also means: a body notified by another Member State of the European Union with the Commission of the European Communities, designated with tasks to be performed within the scope of one or more conformity-assessment modules as referred to in Annex B to the Directive.

Article 7
1. For equipment intended for placing on board of a Dutch ship, the manufacturer shall follow a procedure of conformity assessment.
2. For equipment, not being equipment as referred to in the first paragraph, the manufacturer may follow a procedure of conformity assessment.
3. A procedure of conformity assessment is followed before the equipment is put on the market.

Article 8
1. A procedure of conformity assessment implies for equipment to which pursuant to Annex A.1 to the Directive:

1. the conformity-assessment modules B and C are applicable: the EC-type examination, supplemented with the procedure of conformity to type;
2. the conformity-assessment modules B and D are applicable: the EC-type examination, supplemented with the production-quality assurance procedure;
3. the conformity-assessment modules B and E are applicable: the EC-type examination, supplemented with the product-quality assurance procedure;
4. the conformity-assessment modules B and F are applicable: the EC-type examination, supplemented with the product verification procedure;
5. conformity-assessment module G is applicable: the unit verification procedure;
6. conformity-assessment module H is applicable: the full-quality assurance procedure, as included in Annex B to the Directive.

2. The unit verification procedure, as referred to in the first paragraph, subparagraph e, may only be followed for equipment produced individually or in small quantities and not in series or in mass.
3. If pursuant to Annex A.1 to the Directive two or more procedures as referred to in the first paragraph, are applicable, the manufacturer, without prejudice to the second paragraph, opts for one of the applicable procedures.
4. If assessment standards of the International Electrotechnical Commission (IEC) as well as assessment standards of the European Telecommunications Standards Institute (ETSI) are applicable to equipment, the manufacturer opts for the standards of one of the two authorities.

Article 9
1. For the implementation of a conformity-assessment procedure, the manufacturer chooses a designated body competent to perform the tasks designated to it.
2. If a procedure as referred to in Article 8, first paragraph, subparagraph a up to d, is followed, another designated body than the one for the EC-type examination may be selected for the supplementary procedure.

Article 10
1. In the final phase of the production process, the manufacturer shall affix the mark of conformity to equipment which complies with the product specifications and for which an appropriate conformity-assessment procedure has been followed.
2. The mark shall be followed by the identification number of the designated body which has performed the conformity-assessment procedure, if that body is involved in the production-control phase. The identification number shall be affixed by the manufacturer, unless it is affixed by the designated body itself.
3. The mark of conformity and when the occasion arises the identification number, as referred to in the second paragraph, are followed by the two last digits of the year in which the mark of conformity is affixed.
4. In compliance with Annex D to the Directive, the mark of conformity shall be affixed to the equipment or to its data plate so as to be visible, legible and indelible throughout the anticipated useful life of the equipment. However, where that is not possible or not warranted on account of the nature of the piece of equipment, it shall be affixed to the packaging of the product, to a label or to a leaflet.

Article 11
1. The manufacturer draws up a written declaration of conformity for equipment on which the mark of conformity is affixed by him, in which he states, in compliance with the regulations included in Annex B to the Directive, that that equipment:

1. is in accordance with the certificate of EC-type examination and that it complies with the product specifications, if the conformity-assessment procedure has been followed for the equipment, as referred to in Article 8, first paragraph, subparagraph a;
2. is in accordance with the certificate of EC-type examination, if the conformity-assessment procedure has been followed for the equipment, as referred to in Article 8, first paragraph, subparagraph b, c or d;
3. complies with the product specifications, if the conformity-assessment procedure has been followed for the equipment, as referred to in Article 8, first paragraph, subparagraph e or f.

2. The declaration of conformity, as referred to in the first paragraph, accompanies the equipment.

Article 12
The manufacturer renders all assistance to the designated body and the natural persons or legal persons appointed by it pursuant to Article 16, second paragraph, as far as that is necessary for the performance of the conformity-assessment procedure and the performance of other tasks as referred to in this Act.

Article 13
1. The technical documentation to be supplied by the manufacturer within the scope of a conformity-assessment procedure to the designated body complies with the Appendix to Annex B to the Directive.
2. During a period of at least ten years, the manufacturer keeps the technical documentation, as referred to in the first paragraph, as well as other data to be determined by Ministerial Regulation.
3. When required, the manufacturer supplies the inspection and testing reports which have been drawn up during the conformity assessment of the equipment in operation on board of ships to the persons or bodies which are entrusted by the Netherlands or another Member State of the European Union with the execution of the performance tests on that equipment as required by the Conventions.

§ 2 Requirements for the authorized representative of the manufacturer and the person who puts the equipment on the market

Article 14
1. Insofar as the manufacturer has not complied with the obligations, as referred to in de Articles 7 up to 13, these obligations rest with the authorized representative of the manufacturer or with the person who puts the equipment on the market.
2. As soon as the authorized representative of the manufacturer or the person who puts the equipment on the market, has complied with an obligation pursuant to the first paragraph, that obligation is cancelled for the other and for the manufacturer.

Article 15
If for equipment, not being equipment intended for placing on board of a Dutch ship, no conformity-assessment procedure has been followed by the manufacturer, the competence, as referred to in Article 7, second paragraph, belongs to the authorized representative of the manufacturer or the person who puts the equipment on the market. The Articles 8 up to 13 are equally binding then.

§ 3 Requirements for a designated body

Article 16
1. A designated body observes the rules laid down in Annex B to the Directive during the performance of the tasks it has been designated within the scope of the conformity-assessment procedures.
2. A designated body is entitled to let conduct assessments and checks by other natural persons or legal persons in compliance with requirements given by Ministerial Regulation.

Article 17
A designated body which has performed a conformity-assessment procedure, affixes, if that body is involved in the production-control phase, its identification number next to the mark of conformity or looks after this number being affixed by the manufacturer, his authorized representative or the person who puts the equipment on the market.

Article 18
1. If the designated body that has issued a certificate of EC-type examination or a certificate of EC-design examination, is of the opinion that the equipment the certificate relates to, no longer complies with the product specifications as a result of an amendment of those provisions, it starts an investigation thereto.
2. The designated body withdraws the certificate of EC-type examination or the certificate of EC-design examination, if an investigation as referred to in the first paragraph, shows that the equipment to which the certificate relates, no longer complies with product specifications.

Article 19
1. When required, a designated body provides Our Minister with the information necessary for the performance of his task. Our Minister may require inspection of professional data and documents, as far as that is reasonably necessary for the fulfilment of his task.
2. Whenrequired, a designated body provides the persons or authorities entrusted by a Member State of the European Union with the supervision over the observance of safety requirements on board of ships for which safety certificates have been issued by or on behalf of that Member State, other designated bodies and applied authorities as referred to in Article 6, with information on the conformity-assessment procedures performed by it.

Chapter 4 Special provisions

§ 1 Provisions regarding technical innovation and testing of equipment in operation on board

Article 20
1. In exceptional cases of technical innovation, Our Minister may issue a certificate of equivalence for equipment, intended for placing on board of a Dutch ship, for which applicable inspection specifications are missing, if that equipment, in his opinion, is at least equivalent to equipment which complies with the product specifications.
2. By Ministerial Regulation rules may be established regarding the application of the first paragraph, the way in which the equivalence of equipment is assessed, and the compensation due for the costs of the assessment of equivalence and the issue of the certificate of equivalence.
3. Restrictions and requirements may be attached to the use of equipment for which a certificate of equivalence has been issued. These restrictions and requirements are stated in the certificate.
4. Our Minister immediately informs the Commission of the European Communities and the other Member States of the European Union of the issue of a certificate of equivalence. He states the details of the case therewith and he sends copies of the assessment reports to the Commission and the other Member States.

Article 21
1. For the purpose of the testing of equipment in operation on board of a Dutch ship, Our Minister can issue a certificate for the purpose of the testing of equipment for which no conformity-assessment procedure has been followed.
2. By Ministerial Regulation rules may be established regarding the application of the first paragraph and the compensation due for the issue of a certificate of testing.
3. Restrictions and requirements may be attached to the use of equipment for which a certificate for the purpose of testing has been issued. These restrictions and requirements are stated in the certificate.
4. Our Minister determines the period of validity of the certificate. The period of validity is not longer than reasonably necessary for a good test of the equipment.

Article 22
Equipment for which a certificate of equivalence or a certificate for the purpose of testing has been issued, contrary to Article 3, first paragraph, does not have to comply with the product specifications and may also be put on the market without a mark of conformity, provided it is accompanied by the relevant certificate, contrary to Article 3, second paragraph.

§ 2 Special provisions regarding the freedom of movement of equipment

Article 23
1. If Our Minister is of the opinion that equipment which has been provided with the mark of conformity, also when it has been placed on board in the right way and is maintained in the right way and is used for its utility goal, may endanger the health or the safety of the crew, the passengers or other persons or may harm the marine environment, he takes proper temporary measures to withdraw that equipment from the market. If necessary, he shall prohibit to put that equipment on the market.
2. Our Minister immediately informs the other Member States of the European Union and the Commission of the European Communities stating the reasons and measures as referred to in the first paragraph.

Article 24
1. If Our Minister is of the opinion that the mark of conformity has been affixed to equipment contrary to this Act, he takes proper measures to withdraw that equipment from the market. If necessary, he shall prohibit to put that equipment on the market.
2. Our Minister informs the other Member States of the European Union and the Commission of the European Communities of measures as referred to in the first paragraph.

Article 25
The manufacturer, his authorized representative or the person responsible for putting it on the market, renders all cooperation necessary for the performance of measures as referred to in the Articles 23 and 24.

Chapter 5 Prohibitions

Article 26
1. It is prohibited to put equipment, intended for placing on board of a Dutch ship, on the market or to have it at its disposal therefor, if that equipment has not been provided with the mark of conformity and is also not accompanied by a certificate of equivalence as referred to in Article 20, or a certificate for the purpose of testing as referred to in Article 21.
2. It is prohibited to affix the mark of conformity to equipment which does not comply with the product specifications or for which no conformity-assessment procedure has been followed.
3. It is prohibited to affix distinctive marks or legends which might mislead others with regard to the meaning or the graphic design of the mark of conformity, or which reduce the visibility or the legibility of the mark.
4. It is prohibited to act contrary to an obligation as referred to in the Articles 12, 13 and 25 or to a prohibition as referred to in Article 23, first paragraph, second phrase, and 24, first paragraph, second subparagraph.

Chapter 6 Supervision

Article 27
1. The officials of the Shipping Inspectorate and the officials of the Netherlands Department for Radiocommunication are entrusted with the supervision over the observance of the provisions of or pursuant to this Act.
2. Our Minister can place officials of other Departments at the disposal of the Shipping Inspectorate or the Netherlands Department for Radiocommunication for certain tasks to be assigned by him, relating to the supervision over the observance of the provisions of this Act or pursuant to this Act. If the disposal concerns officials, coming under another Department than that of Our Minister, the relevant decision is taken in accordance with the Minister of that other Department.
3. A decision as referred to in the second paragraph is announced by publication in the Government Gazette.

Article 28
By Ministerial Regulation further rules may be established concerning the supervision to be exercised within the scope of Article 4, fourth paragraph, subparagraph a, over the designated bodies and the compensation due by the designated bodies for the performance of that supervision.

Chapter 7 Transitional provisions

Article 29
1. Up to 31 December 2000 the Articles 3,7, first paragraph, and 26, first paragraph, are not applicable to equipment, mentioned in Annex A.1 to the Directive, according to the text of that Annex as laid down on 20 December 1996, if that equipment has been manufactured before the entry into force of this Act and has been approved pursuant to regulations, laid down pursuant to the Ships Act or the Prevention of Pollution from Ships Act, which were effective before 20 December 1996.
2. During a period of two years, the Articles 3, 7, first paragraph, and 26, first paragraph, are not applicable to equipment which has been included in Annex A.1 pursuant to a Decree, established after 20 December 1996, of the Commission of the European Communities or of the Council of the European Union, if that equipment has been made before the day on which the relevant Decree became effective for the purpose of this Act, and it has been approved according to rules, laid down pursuant to the Ships Act or the Prevention of Pollution from Ships Act, which were effective before the establishment of that Decree. The period of two years starts on the day on which the authorized amendment for the application of this Act comes into effect.
3. By Ministerial Regulation additional regulations on transitional law may be established, as far as necessary for the implementation of a Decree of the Commission of the European Communities or of the Council of the European Union for amendment of Annex A.1 to the Directive.

Chapter 8 Final provisions

Article 30
1. For the purpose of this Act, an amendment of the Directive becomes effective as of the day on which the amendment directive concerned must have been implemented.
2. For the purpose of this Act, an amendment of the Conventions becomes effective as from the day on which that amendment becomes effective internationally.

Article 31
Insofar as pursuant to the Agreement on the European Economic Area the Directive is also binding for a state, not being a Member State of the European Union, this state is equated with a Member State of the European Union for the purpose of this Act.

Article 32
In Article 1, under 4e, of the Economic Offences Act* is added to the alphabetical order: the Marine Equipment Act, Article 26;

Article 33
A third paragraph is added to Article 7 of the Prevention of Pollution from Ships Act** , which reads: 3. By or pursuant to Order in Council rules may established regarding the conditions for permission of equipment on board of ships, the use of that equipment and the documents by which they are accompanied in cases to be determined by or pursuant to that Order.

Article 34
This Act enters into force on a time to be determined by Royal Decree. Article 35 This Act is quoted as: Marine Equipment Act.

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* Stb. 1950, K 258, most recently amended by the Act of 13 April 2000, Stb. 184.
** Stb. 1983, 683, most recently amended by the Act of 1 July 1998, Stb. 466.

• Informatietype: Wet- en regelgeving (NL)
• Documentsoort: Wet
• Toegangsrechten: Intern
• Identificatie: PUC_1237_14
• Versie: 1
• Datum beschikbaarheid: 26-05-2009
• Geldigheid van: 01-07-2002
• tot en met: 01-07-2015
• Wijzigingsdatum: 25-05-2021
• Titel: Marine Equipment Act (Stb. 2004, 553; English, uncontrolled version)
• Organisatie: Inspectie Leefomgeving en Transport
• Taal: Engels
• Thema: Acts / Wetten