L_2008171EN.01001601.xml
| 1.7.2008 | EN | Official Journal of the European Union | L 171/16 |
COMMISSION DIRECTIVE 2008/67/EC
of 30 June 2008
amending Council Directive 96/98/EC on marine equipment
(Text with EEA relevance)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 96/98/EC of 20 December 1996 on marine equipment (1) and in particular Article 17 thereof,
Whereas:
| (1) | For the purposes of Directive 96/98/EC, the international conventions and testing standards shall apply in their up-to-date version. |
| (2) | As amendments to the international conventions and applicable testing standards have entered into force since 1 July 2002, date on which Directive 96/98/EC was amended for the last time, these amendments should be incorporated into the said Directive in the interests of clarity. |
| (3) | The International Maritime Organisation and the European standardization organizations have adopted standards, including detailed testing standards, for a number of items of equipment which are listed in Annex A.2 to Directive 96/98/EC or which, albeit not listed, are considered relevant for the purpose of the said Directive. Therefore such items of equipment should be included in Annex A.1 or transferred from Annex A.2 to Annex A.1, as appropriate. |
| (5) | The measures provided for in this Directive are in accordance with the opinion of the COSS Committee established by Directive 2002/84/EC of the European Parliament and of the Council, |
HAS ADOPTED THIS DIRECTIVE:
Article 1
Annex A to Directive 96/98/EC is replaced by the text in the Annex to this Directive.
Article 2
Where equipment listed as ‘new item’ under the heading ‘item designation’ of Annex A.1 or as having been transferred from Annex A.2 to Annex A.1 was manufactured before the date referred to in Article 3(1) in accordance with procedures for type-approval already in force before that date within the territory of a Member State, such equipment may be placed on the market and on board a Community ship during the two years following the said date.
Article 3
Transposition
1. Member States shall adopt and publish, by 21 July 2009 at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.
They shall apply those provisions from 21 July 2009.
When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
Article 4
This Directive shall enter into force on the 20th day following that of its publication in the Official Journal of the European Union.
Article 5
This Directive is addressed to the Member States.
Done at Brussels, 30 June 2008.
For the Commission
Jacques BARROT
Vice-President
(1) OJ L 46, 17.2.1997, p. 25. Directive as last amended by Directive 2002/84/EC of the European Parliament and of the Council (OJ L 324, 29.11.2002, p. 53).
ANNEX
‘
ANNEX A
List of acronyms used
| | COLREG, International Regulations for Preventing Collisions at Sea. |
| | COMSAR, IMO’s Sub-Committee on Radiocommunications and Search and Rescue. |
| | ETSI, European Telecommunication Standardisation Institute. |
| | FSS, International Code for Fire Safety Systems. |
| | FTP, International Code for Application of Fire Test Procedures. |
| | HSC, High Speed Craft Code. |
| | IBC, International Bulk Chemical Code. |
| | ICAO, International Civil Aviation Organization. |
| | IEC, International Electro-technical Commission. |
| | IMO, International Maritime Organization. |
| | ISO, International Standardisation Organisation. |
| | ITU, International Telecommunication Union. |
| | LSA, Life saving appliance. |
| | MARPOL, International Convention for the Prevention of Pollution from Ships. |
| | MEPC, Marine Environment Protection Committee. |
| | MSC, Maritime Safety Committee. |
| | SOLAS, International Convention for the Safety of Life at Sea. |
ANNEX A.1
EQUIPMENT FOR WHICH DETAILED TESTING STANDARDS ALREADY EXIST IN INTERNATIONAL INSTRUMENTS
Notes applicable to the whole of Annex A.1
| a) | General: in addition to the testing standards specifically mentioned, a number of provisions, which must be checked during type-examination (type approval) as referred to in the modules for conformity assessment in Annex B, are to be found in the applicable requirements of the international conventions and the relevant resolutions and circulars of the IMO. |
| b) | Column 5: Where IMO Resolutions are cited, only the testing standards contained in relevant parts of the Annexes to the Resolutions are applicable and exclude the provisions of the Resolutions themselves. |
| c) | Column 5: International conventions and testing standards apply in their up-to-date version. For the purpose of identifying correctly the relevant standards, test reports, certificates of conformity and declarations of conformity shall identify the specific testing standard applied and its version. |
| d) | Column 5: Where two sets of identifying standards are separated by “or”, each set fulfils all the testing requirements to meet IMO Performance Standards; thus testing to one of these sets is sufficient to demonstrate compliance with the requirements of the relevant International Instruments. Conversely, when other separators (comma) are used all the listed references apply. |
| e) | Column 6: Where module H appears, module H plus design-examination certificate is to be understood. |
| f) | The requirements laid down in this Annex shall be without prejudice to carriage requirements in the international conventions. |
1. Life-saving appliances
| No | Item designation | Regulation SOLAS 74 where “type approval” is required | Regulations of SOLAS 74 and the relevant resolutions and circulars of the IMO, as applicable | Testing standards | Modules for conformity assessment |
| 1 | 2 | 3 | 4 | 5 | 6 |
| A.1/1.1 | Lifebuoys | |
| — | IMO Res. MSC.36(63)-(1994 HSC Code) 8, |
| — | IMO Res. MSC.48(66)-(LSA Code) I, II, |
| — | IMO Res. MSC.97(73)-(2000 HSC Code) 8, | | | B + D B + E B + F |
| A.1/1.2 | Position-indicating lights for life-saving appliances:
| — | for survival craft and rescue boats, | | |
| — | IMO Res. MSC.36(63)-(1994 HSC Code) 8, |
| — | IMO Res. MSC.48(66)-(LSA Code) II, IV, |
| — | IMO Res. MSC.97(73)-(2000 HSC Code) 8, | | (Except for battery requirements as specified in EN 394 (1993) which only apply to lifejacket lights). | B + D B + E B + F |
| A.1/1.3 | Lifebuoys self-activating smoke signals | |
| — | IMO Res. MSC.36(63)-(1994 HSC Code) 8, |
| — | IMO Res. MSC.48(66)-(LSA Code) I, II, |
| — | IMO Res. MSC.97(73)-(2000 HSC Code) 8, | | | B + D B + E B + F |
| A.1/1.4 | Lifejackets | |
| — | IMO Res. MSC.36(63)-(1994 HSC Code) 8, |
| — | IMO Res. MSC.48(66)-(LSA Code) I, II, |
| — | IMO Res. MSC.97(73)-(2000 HSC Code) 8, | | (Except for battery requirements as specified in EN 394 (1993) which only apply to lifejacket lights). | B + D B + E B + F |
| A.1/1.5 | Immersion suits and anti-exposure suits not classified as lifejackets:
| — | Insulated or not insulated. | | |
| — | IMO Res. MSC.36(63)-(1994 HSC Code) 8, |
| — | IMO Res. MSC.48(66)-(LSA Code) I, II, |
| — | IMO Res. MSC.97(73)-(2000 HSC Code) 8, | | | B + D B + E B + F |
| A.1/1.6 | Immersion suits and anti-exposure suits classified as lifejackets:
| — | Insulated or non-insulated. | | |
| — | IMO Res. MSC.36(63)-(1994 HSC Code) 8, |
|
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