EN   EN 
 
 
 EUROPEAN  
COMMISSION   
Brussels, XXX   
[…](2020) XXX  draft  
 
COMMISSION IMPLEMENTING REGULATION (EU) …/...  
of XXX  
on design, construction and performance requirements and testing standards for marine 
equipment and repealing Implementing Regulation (EU) 2019/1397  
(Text with EEA relevance)   EN 1  EN COMMISSION IMPLEMENTING REGULATION (EU) …/...  
of XXX  
on design, construction and performance requirements and testing standards for marine 
equipment and repealing Implementing Regulation (EU) 2019/1397  
(Text with EEA relevance)  
THE EUROPEAN COMMISSION,  
Having regard to the Treaty on the Functioning of the European Union , 
Having regard to Directive 2014/90/EU of the European Parliament and of the Counci l of 23 
July 2014 on marine equipment and repealing Council Directive 96/98/EC1, and in particular 
Article 35(2) thereof,  
Whereas:  
(1) The Commission is empowered to indicate, by means of implementing acts, the 
design, construction and performance requirem ents and testing standards i n respect of 
marine equipment falling within  the scope of application of Directive 2014/90/EU as 
well as the dates from which the testing standards are to apply. Those requirements 
and standards are provided for in the internati onal instruments referred to in Directive  
2014/90/EU . 
(2) In order to take into account the most recent changes, the list of the applicable 
international instruments should be regularly updated. In order to provide a 
comprehensive list containing all products belonging to the scope  of Directive 
2014/90/EU, Commis sion Implementing Regulation (EU) 2019/13972 should be 
repealed . 
 (3) Marine equipment newly subject to harmonised Union requirements under Directive 
2014/90/EU should be explicitly listed as new items in column 1 of the Annex to this 
Regulation . 
(4) It is reasonable and proportionate to allow a new item which is in conformity with the 
national requirements for type -approval in force in a Member State before the entry 
into force of this Regulation  to continue to be placed on the market and on board an 
EU ship for a transitional period  of reasonable duration . 
(5) In order to facilitate a harmonised, rapid and simple implementation of Directive 
2014/90/EU, implementing acts adopted pursuant to that Directive should take the 
form of Implementing Regulation s. 
(6) The measures provided for in this Regulation are in accordance with the opinion of the 
Committee on Safe Seas and the Prevention of Pollution from Ships,  
                                                 
1 OJ L 257, 28.8.2014, p. 146.  
2 Commission Implementing Regulation (EU) 2019/1397 of 6 August 2019 on design, construction and 
performance requirements and testing standards for marine equipment and repealing Implementing 
Regulation (EU) 2018/773 (OJ L 237, 13.9.2019, p. 1 ). EN 2  EN HAS ADOPTED THIS REGULATION:  
Article 1  
The design, construction and performance requirements a nd the testing standards provided for 
in the international instruments referred to in Directive 2014/90/EU shall apply to each item 
of marine equipment as set out in the Annex.  
Article 2 
Implementing Regulation (EU) 201 9/1397  is repealed.  
Article 3 
1. Marine equipment listed as a ‘new item inserted by Implementing Regulation (EU) 
2018/773’ in column 1 of the Annex, which is in compliance with the national requirements 
for type -approval in force before 19 June 2018 in a Member State, may continue to be p laced 
on the market and on board an EU ship until 19 June 2021 . 
 
2. Marine equipment listed as a ‘new item inserted by Implementing Regulation 
2019/1397’ in column 1 of the Annex, which is in compliance with the national requirements 
for type -approval in f orce before 3 October 2019 in a Member State, may continue to be 
placed on the market and on board an EU ship until 3 October 2022.  
 
3. Marine equipment listed as a ‘new item inserted by Implementing Regulation [OP – 
please insert the number of this Regula tion] ’ in column 1 of the Annex, which is in 
compliance  with the national requirements for type -approval in force before [please insert 
date of the entry into force of this Regulation] in a Member State, may continue to be placed 
on the market and on board  an EU ship until [please insert 3 years after the date of entry into 
force of this Implementing Regulation].  
Article 4  
This Regulation shall enter into force on the twentieth day following that of its publication in 
the Official Journal of the European Un ion.  
This Regulation shall be binding in its entirety and directly applicable in all Member States.  
Done at Brussels,  
 For the Commission  
 The President  
 
 
 Ursula VON DER LEYEN