Commission Directive 2002/75/EC of 2 September 2002 amending Council Directive 96/98/EC on marine equipment (1)

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I (Acts whose publication is obligatory) COMMISSION DIRECTIVE 2002/75/EC of 2 September 2002 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, and in particular Article 80(2) thereof,

Having regard to Council Directive 96/98/EC of 20 December 1996 on marine equipment (1 ), as last amended by Commission Directive 2001/53/EC (2 ), and in particular first and second indent of Article 17 thereof,

Whereas:

(1) For the purposes of Directive 96/98/EC, the international conventions, including the 1974 SOLAS Convention, and testing standards are those, together with their amendments, in force on 1 January 2001.

(2) Amendments to the SOLAS Convention and to other international conventions and new testing standards have entered into force after 1 January 2001 or will enter into force shortly.

(3) New rules regarding the equipment to be placed on board ships have been laid down by those instruments.

(4) Directive 96/98/EC should be amended accordingly.

(5) The measures provided for in this Directive are in accordance with the opinion of the Committee set up by Article 12 of Council Directive 93/75/EEC (3 ),

HAS ADOPTED THIS DIRECTIVE:

Article 1

Directive 96/98/EC is amended as follows:

  1. Article 2 is amended as follows:

    In points (c), (d) and (n), the date 1 January 2001 is replaced by the date 1 July 2002;

  2. Annex A is replaced by the text in the annex to this Directive.

    Article 2

    Equipment listed as new item under the heading item designation of Annex A.1 which was manufactured before the date referred to in Article 3(1) in accordance with procedures for type-approval already in force before the date of adoption of this Directive within the territory of the Member State mentioned below, as well as equipment listed in Annex A.1,

    Sections 4 and 5, bearing the mark and manufactured before the date referred to in Article 3(1), may be placed on the market and on board a Community ship, the certificates of which were issued by or on behalf of a Member State in accordance with international conventions, during the two years following that referred to in Article 3(1).

    Article 3

  3. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive not later than six months after its date of entry into force. They shall forthwith inform the Commission thereof.

    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.

  4. Member States shall communicate to the Commission the provisions of national law, which they adopt in the field covered by this Directive.

    (1) OJ L 46, 17.2.1997, p. 25.

    (2) OJ L 204, 28.7.2001, p. 1.

    (3 ) OJ L 247, 5.10.1993, p. 19.

    23.9.2002 L 254/1Official Journal of the European CommunitiesEN Article 4

    This Directive shall enter into force on the day of its publication in the Official Journal of the European Communities.

    Article 5

    This Directive is addressed to the Member States.

    Done at Brussels, 2 September 2002

    For the Commission Loyola DE PALACIO Member of the Commission L 254/2 23.9.2002Official Journal of the European CommunitiesEN 23.9.2002L254/3OfficialJournaloftheEuropeanCommunitiesEN ANNEX ANNEX A ANNEX A.1: Equipment for which detailed testing standards already exist in international instruments Notes applicable to the whole of Annex A.1

    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.

    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.

    Column 5: For the purpose of identifying correctly the relevant standards, the test reports and the appropriate type-approval certificates shall specify the specific testing standard applied and its version, as identified in column 5.

    Column 5: Where two sets of testing standards are indicated (separated by a ; or separated by a or), each set fulfils all the testing requirements to meet IMO Performance Standards. Thus testing to one set is sufficient to demonstrate compliance with the requirements of the relevant International Instruments.

    Column 6: Where module H appears, module H plus design-examination certificate is to be understood.

  5. Life-saving appliances Notes applicable to section 1: Life saving appliances Columns 3 and 4: Where these columns are split into two levels for a particular item designator, the upper level refers where applicable to vessels constructed under the HSC Code prior to 1 July 2002, and the lower box refers to vessels where applicable operating under the HSC Code on or after 1 July 2002.

    No Item designation Regulation SOLAS 74 as amended where type-approval is required Applicable regulations of SOLAS 74, as amended, and the relevant resolutions and circulars of the IMO Testing standards Modules for conformity assessment B + C B + D B + E B + F G H 1 2 3 4 5 6

    A.1/1.1 Lifebuoys Regulation III/4, Regulation X/3

    Regulation III/7.1 and III/34, IMO Resolution MSC.48 (66), IMO Resolution MSC.36 (63) 8.1.3, 8.3 (1994 HSC Code) IMO Resolution MSC.81 (70) X X X Regulation III/4, Regulation X/3

    Regulation III/7.1 and III/34, IMO Resolution MSC.48 (66), IMO Resolution MSC.97(73) 8.1, 8.3 (2000 HSC Code) 1 2 3 4 5 6

    A.1/1.2 Position-indicating lights for life-saving appliances (a) For survival craft and rescue boats (b) For lifebuoys (c) For lifejackets Regulation III/4, Regulation X/3

    Regulation III/7.1.3, III/22.1.2,

    III/22.3.1, III/32.1, III/32.2 and III/34,

    IMO Resolution MSC.48 (66), IMO Resolution MSC.36 (63) 8.1, 8.3 and 8.10 (1994 HSC Code), IMO MSC/Circ. 885

    IMO Resolution MSC.81 (70), except for battery requirements as specified in EN 394 (1993) which only apply to lifejacket lights X X X Regulation III/4, Regulation X/3

    Regulation III/7.1.3, III/22.1.2,

    III/22.3.1, III/32.1, III/32.2 and III/34,

    IMO Resolution MSC.48 (66), IMO Resolution MSC.97(73), 8.1, 8.3, 8.10 (2000 HSC Code), IMO MSC/Circ. 885

    A.1/1.3 Lifebuoys self-activating smoke signals Regulation III/4, Regulation X/3

    Regulation III/7.1.3 and III/34, IMO Resolution MSC.48 (66), IMO Resolution MSC.36 (63) 8.1, 8.3 (1994 HSC Code) IMO Resolution MSC.81(70) X X X Regulation III/4, Regulation X/3

    Regulation III/7.1.3 and III/34, IMO Resolution MSC.48 (66), IMO Resolution MSC.97(73) 8.1, 8.3 (2000 HSC Code) A.1/1.4 Lifejackets Regulation III/4, Regulation X/3

    Regulation III/7.2 and III/34, IMO Resolution MSC.48 (66), IMO Resolution MSC.36 (63) 8.1, 8.3 (1994 HSC Code) IMO Resolution MSC.81(70), except for battery requirements as specified in EN 394 (1993) which only apply to lifejacket lights X X X Regulation III/4, Regulation X/3

    Regulation III/7.2 and III/34, IMO Resolution MSC.48 (66), IMO Resolution MSC. 97(73) 8.1, 8.3 (2000 HSC Code) A.1/1.5 Immersion suits and anti-exposure suits insulated or not insulated Regulation III/4, Regulation X/3

    Regulation III/7.3, III/22.4, III/32.3 and III/34, IMO Resolution MSC.48 (66), IMO Resolution MSC.36 (63) 8.1, 8.3 (1994 HSC Code) IMO Resolution MSC.81(70) X X X Regulation III/4, Regulation X/3

    Regulation III/7.3, III/22.4, III/32.3 and III/34, IMO Resolution MSC.48 (66), IMO Resolution MSC 97(73) 8.1, 8.3 (2000 HSC Code) L254/423.9.2002OfficialJournaloftheEuropeanCommunitiesEN 1 2 3 4 5 6

    A.1/1.6 Immersion suits and anti exposure suits classified as lifejackets Regulation III/4, Regulation X/3

    Regulation III/7.3, III/22.4, III/32.3 and III/34, IMO Resolution MSC.48 (66), IMO Resolution MSC.36 (63) 8.1, 8.3 (1994 HSC Code) IMO Resolution MSC.81(70) X X X Regulation III/4, Regulation X/3

    Regulation III/7.3, III/22.4, III/32.3 and III/34, IMO Resolution MSC.48 (66), IMO Resolution MSC.97(73) 8.1, 8.3 (2000 HSC Code) A.1/1.7 Thermal protective aids Regulation III/4 Regulation III/7.3, III/22.4, III/32.3 and III/34, IMO Resolution MSC.48 (66) IMO Resolution MSC.81(70) X X X A.1/1.8 Rocket parachute flares (pyrotechnics) Regulation III/4, Regulation X/3

    Regulation III/6.3 and III/34, IMO Resolution MSC.48 (66), IMO Resolution MSC.36 (63) 8.1, 8.2 (1994 HSC Code) IMO Resolution MSC.81(70) X X Regulation III/4, Regulation X/3

    Regulation III/6.3 and III/34, IMO Resolution MSC.48 (66), IMO Resolution MSC 97(73) 8.1, 8.2 (2000 HSC Code) A.1/1.9 Hand flares (pyrotechnics) Regulation III/4 Regulation III/34, IMO Resolution MSC.48 (66) IMO Resolution MSC.81(70) X X A.1/1.10 Buoyant smoke signals (pyrotechnics) Regulation III/4 Regulation III/34, IMO Resolution MSC.48 (66) IMO Resolution MSC.81(70) X X A.1/1.11 Line-throwing appliances (pyrotechnics) Regulation III/4, Regulation X/3

    Regulation III/18 and III/34, IMO Resolution MSC.48 (66), IMO Resolution MSC.36 (63) 8.1, 8.8 (1994 HSC Code) IMO Resolution MSC.81(70) X X Regulation III/4, Regulation X/3

    Regulation III/18 and III/34, IMO Resolution MSC.48 (66), IMO Resolution MSC.97(73) 8.1, 8.8 (2000 HSC Code) 23.9.2002L254/5OfficialJournaloftheEuropeanCommunitiesEN 1 2 3 4 5 6

    A.1/1.12 Inflatable liferafts Regulation III/4, Regulation X/3

    Regulation III/21.1, III/31.1 and III/34, IMO Resolution MSC.48 (66),

    IMO MSC/Circ.811, IMO Resolution MSC.36 (63) 8.1, 8.5, 8.6, 8.7 and 8.10 (1994 HSC Code) IMO Resolution MSC.81(70) X Regulation III/4, Regulation X/3

    Regulation III/21.1, III/31.1 and III/34, IMO Resolution MSC.48 (66),

    IMO MSC/Circ.811, IMO Resolution MSC.97 (73) 8.1, 8.5, 8.6, 8.7 and 8.10 (2000 HSC Code) A.1/1.13 Rigid liferafts Regulation III/4...

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