§ 1 Definitions
In this Regulation the
following terms have the following meanings:
B, D, E, F, G and H: the conformity-assessment modules B, D, E, F, G and H, as
referred to in Annex B to the Directive;
45001, NEN-EN 45004, NEN-EN 45011 or NEN-EN 45012: the standard corresponding
with the relevant indication, issued by the Netherlands Standardisation
Institute in Delft;
c. Dutch Accreditation Council: the
Dutch Accreditation Council, established in Utrecht.
§ 2 Applications
1. An application for assignment as a designated body
pursuant to Article 4, first paragraph, of the Marine Equipment Act states for
which of the modules mentioned in Article 1, under a, and for which of the
categories of marine equipment mentioned in Annex A. 1 to the Directive the
designation is required.
2. Assignment may only be
required for all assessment examination tasks from a certain module and for all
parts of equipment belonging to a certain category of marine equipment.
1. An application is accompanied by the following data
a. an excerpt of the registration of the
applicant in the register of companies;
b. copies of
policies of third-party insurances;
c. if the applicant
has been accredited by the Council: the certificate of accreditation, as well as
a written declaration in which the applicant authorizes the Council to give all
data and information relating to his accreditation desired by the Minister of
Transport, Public Works and Water Management;
d. if the
applicant has not been accredited by the Council: an assessment report drawn up
by the Council which contains the results of an investigation, conducted by the
Council in compliance with the Articles 5 and 6, into the ability of the
applicant to perform the tasks for which assignment has been asked.
2. An applicant who has not been accredited by the
Council gives the Council all data and documents that the Council needs for
drawing up the assessment report mentioned in the first paragraph, subparagraph
3. An applicant who has been investigated by the
Dutch Accreditation Council pays the Council the expenses involved with the
§ 3 Assessment criteria
The authority to be assigned complies with the requirements,
relevant in view of the tasks to be performed, of:
for the modules B and 6: NEN-EN 45004 or NEN-EN 45011;
b. for the modules D, E and H: NEN-EN 45012;
c. for module F: NEN-EN 45001, NEN-EN 45004 or NEN-EN 45011.
The authority to be assigned disposes of or can dispose of
a. as far as the tasks to be performed
relate to life-saving appliances, means for the prevention of pollution of the
sea or fire-protective means: naval architectural, mechanical or naval
engineering knowledge at the level of Higher Vocational Education or an
equivalent combination of naval architectural, mechanical, or naval engineering
knowledge at the level of Intermediate Vocational Education and relevant
b. as far as the tasks to be
performed relate to navigation or radiocommunication apparatus: nautical
knowledge at the level of Higher Vocational Education and electrotechnical
knowledge at the level of Intermediate Vocational Education in combination with
relevant practical experience in the two subject fields.
The to be assigned authority has been registered in the
register of companies as a company established in the Netherlands or as a branch
of a foreign company established in the Netherlands.
The to be assigned authority has been insured against third
party insurance , resulting from activities in connection with the tasks for
which assignment has been asked, with an insured amount of at least €2268,901
A to be assigned authority is considered to comply with the
Article 5 and 6, if it has been accredited by the Dutch Accreditation Council
for the tasks for which assignment has been asked.
§ 4 Cancelled
§ 5 Supervision
Every year before 1 March, a designated body provides the
Minister of Transport, Public Works and Water Management with a written report
on the conformity-assessments and procedures within the scope of the Marine
Equipment Act performed by it during the previous calendar year.
The designated body immediately informs the Minister of
Transport, Public Works and Water Management:
modifications in the registration in the register of companies relating to the
designated body , concerning its name and address data;
b. if it has been accredited by the Dutch Accreditation Council for
the tasks for which is has been assigned: of modification, suspension or
termination of its accreditation;
c. if it does not
dispose of an accreditation as referred to in subparagraph b: of changes in the
organization, the internal company procedures or the staffing of the designated
body , insofar as these changes are relevant for the way in which or the extent
to which the designated body complies with the Articles 5 and 6.
1. A designated body which does not dispose of an
accreditation as referred to in Article 13, subparagraph b, is subject to an
annual audit and once every four years to a re-examination, to be performed by
the Dutch Accreditation Council, who reports the results of the examination to
the Minister of Transport, Public Works and Water Management.
2. During an audit it is roughly tested whether the designated body
still complies with the Articles 5, 6 and 8. During a re-examination a complete
re-evaluation takes place of the ability of the conformity testing service, in
view of its organization, personnel and equipment, to perform the tasks for
which it has been designated.
3. The period between the
examination, as referred to in Article 3, first paragraph, subparagraph d, and
the next audit or between two examinations as referred to in the first
paragraph, will be not less than eight and not more than sixteen months. If no
non-conformities have been found at two subsequent examinations as referred to
in the first paragraph and the conformity testing service has also properly
complied with the Articles 12 and 13, the designated body may, contrary to the
first paragraph, extend the maximum period till the next audit to not more than
twenty four months.
4. In case of concourse of a
re-examination with an audit , the re-examination replaces that audit.
5. A designated body examined by the Dutch
Accreditation Council pays the expenses related to the appropriate examination
to the Council.
§ 6 Final provisions
This Regulation enters into force as from the time on which
the Marine Equipment Act enters into force.
This Regulation is quoted as:
Designated Bodies of the Marine Equipment Act.
The Minister of Transport, Public Works and Water Management,