- Keywords: Statutory, Maritime
Relevant for shipyards, suppliers and owners/managers operating ships under EU/EEA flag states.
Directive 2014/90/EU incorporates the definitions and reference provisions of Decision 768/2008/EC, by making the adaptations which are required by the specific features of the marine equipment sector.
Existing certificates issued under the previous directive 96/98/EC will remain valid until either:
- They reach their expiry date, or
- The conditions of the certificate’s validity are breached, or
- Marine equipment meeting the specified standards within the existing certification is no longer accepted for being placed on board an EU ship, as indicated by implementing acts according to directive 2014/90/EU (Article 35(2) and (5))
Nevertheless, the requirements of directive 2014/90/EU are already applicable with effect from September 18th 2016 (e.g. see the following changes).
IMPORTANT CHANGES FOR MANUFACTURERS
- Product Marking
The mark of conformity shall be followed by the Notified Body identification number and the year in which the mark is affixed. Where relevant, it shall also be embedded in the software.
Furthermore, manufacturers shall ensure that their products bear a type, batch or serial number or other element allowing their identification. In addition, they shall indicate their name, registered trade name or registered trade mark and the address at which they can be contacted on the product.
- Annex A.1 will be replaced by new implementing acts
The previous Annex A.1, indicating for which equipment the MED applies, will be replaced by new implementing acts. The implementing acts will also indicate the dates from which the requirements and testing standards are to apply, including the dates for placing on the market and placing on board, taking into consideration timeframes for ship-building.
Until the entry into force of the first implementing act, the requirements and testing standards according to directive (EU) 2015/559 (11th amendment of directive 96/98/EC) continue to apply.
- Introduction of a manufacturer’s authorised representative
A manufacturer who is not located in the EU shall, by a written mandate, appoint an authorised representative within the EU and shall indicate the name of the authorised representative and the address at which they can be contacted.
- Filing period
Manufacturers shall keep the technical documentation and the declaration of conformity for at least 10 years after the wheel mark has been affixed and in no case for a period shorter than the expected life of the marine equipment concerned.
- Risk assessment
For Module B and G, the manufacturer shall make an adequate analysis and assessment of the risk(s).
As one objective of the MED is the uniform application of the relevant international instruments, in most circumstances the applicable standards according to the MED should be sufficient to cover the risk(s). If not, the analysis and assessment of the risk(s), addressing further requirements shall be attached to the application and will be considered for the conformity assessment.
IMPORTANT CHANGE FOR SHIPYARDS AND OWNERS/MANAGERS
- Declaration of Conformity needs to be on board an EU flag ship
When marine equipment is placed on board an EU ship, a copy of the EU declaration of conformity covering the equipment concerned shall be provided to the ship, and shall be kept on board until the said equipment is removed from the ship.
EU Marine Equipment Directive (MED) service page