Onderwerp: Bezoek-historie

ItoRO no. 18 - Application of the Marine Equipment Directive
Geldigheid:22-12-2023 t/m Versie:◀3/3vergelijk Status: Geldig vandaag

Dit onderwerp bevat de volgende rubrieken.

Introduction

This Instruction provides clarification on the practical application of the Directive 2014/90/EU, as amended, on marine equipment (the Marine Equipment Directive – MED), as transposed into the Dutch legislation: the Regulation Safety Seagoing Vessels, as amended, and further in the Netherlands marine equipment act 2016, as amended.

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Application of the Marine Equipment Direction

The MED applies to equipment (re-)placed on or after 1 January 1999 on board a ship and for which the approval of the Netherlands Shipping Inspectorate (NSI) is required by the international instruments (i.e. the COLREG convention, the MARPOL convention and the SOLAS convention, together with the resolutions and circulars of the IMO giving effect to those conventions in their up-to-date version, and the testing standards).

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Compliance of equipment

The RO shall ensure, when issuing or renewing the relevant certificates of a ship, that the equipment on board that ship complies with the Regulation Safety Seagoing Vessels (Article 32 and 33).

Equipment certified by the United States Coast Guard in accordance with the Mutual Recognition Agreement between the European Community and the USA (Council Decision 2004/425/EC) is in all cases considered equivalent to MED compliant and certified equipment.

The RO shall inform the NSI in cases where it is proven or strongly suspected that MED- or equivalent equipment placed on board a ship is not in compliance with the relevant IMO / MED performance and test standards. In that case, the RO shall include as much documented evidence, (failed) test results, suspected fraudulent conformity documents / wheel marks, photographs etc., as possible.

Transfer of ships to Netherlands' registry

With reference to Article 7 of the MED, a ship which, irrespective of its flag, is to be transferred to Netherlands' registry shall, prior to- or during the transfer, be subject to inspection by the RO to verify that the actual condition of its equipment corresponds to its certificates and either:

  1. complies with the MED and bears the wheel mark, and/or an electronic tag in accordance with Article 11 of the MED;

  2. is equivalent; Equivalent in this respect means that the equipment is accompanied by documentation, issued by:

    1. an EU Member State. In case the RO transfers a ship flying the flag of another EU Member State to the flag of the Netherlands and this ship is in the possession of a certificate of equivalence, the RO shall provide the NSI with a copy of this certificate of equivalence, together with the relevant information elaborating on subject equipment which was accepted as equivalent.

    2. not an EU Member State: a Member State of the IMO (or their designated RO) which is a party to the relevant convention, indicating compliance with the same international instruments (i.e. testing and performance standards) as those mentioned in the MED. In the situation where during the inspection equipment is found to be installed onboard which is not compliant with the MED but considered to be equivalent, the RO shall inform the NSI and send to the NSI a signed form containing all equivalent equipment with at least the information as shown in Appendix I, for acceptance. If accepted, the NSI will issue the certificate of equivalence, one certificate for each equipment item, containing at least the information as shown in Appendix II.

  3. does not comply with the MED nor is equivalent. In the situation where during the inspection equipment is found to be installed onboard which neither complies with the MED nor is equivalent, the RO shall inform the NSI and send to the NSI a form containing all non-complying and non-equivalent equipment, with at least the information as shown in Appendix III. All non-compliant and non-equivalent equipment shall be replaced by equipment which does comply with the MED. The shipowner shall provide to the RO the preferred (brand of) equipment to be installed including delivery and installation time. A time period in which the equipment will have to be replaced shall be established between the RO and the NSI for each specific equipment for each specific case; which is however always as soon as possible.

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EU document of conformity

With reference to Article 16 of the MED, for all relevant MED equipment an EU declaration of conformity shall be available on board. This may be in an electronic format.

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Replacement of equipment

Where equipment, falling under the provisions of the MED, needs to be replaced in exceptional circumstances, as per MED article 32, the NSI shall be consulted by the RO prior to the equipment being placed on board, accompanied by a well-founded proposal1 for acceptance by the NSI, taking into account what is stated in MED article 32(.1 or .5, whichever is applicable).

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Complaints by notified bodies

The RO shall inform the NSI about any complaints received by them regarding Notified Bodies appointed by the Netherlands and responsible for the MED type-examination certificate of equipment placed onboard a ship flying the flag of any EU Member State.

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