EN   EN 
 
 
 EUROPEAN  
COMMISSION   
Brussels, XXX   
[…](2021) 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) 2020/1170  
(Text with EEA relevance)  
This draft has not been adopted or endorsed by the European Commission. Any 
views expressed are the preliminary views of the Commission services and may not 
in any circumstances be regarded as stating an official position of the Commission.    
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) 2020/1170  
(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 design, construction and performance requirements and testing standards in 
respect of marine equipment falling within  the scope of Directive 2014/90/EU  are 
provided for in international instruments defined in Article 2(5) of that Directive.  
(2) In order to take into account the most recent changes, the list of the applicable 
international instruments should be updated.  Marine equipment wh ich has  become 
subject to harmonised Union requirements under Directive 2014/90/EU following 
changes to international  instruments, should be explicitly listed.  
(3) Commission Implementing Regulation (EU) 2020/1170  should therefore be rep ealed . 
(4) It is reasonable and proportionate to allow a transitional period during which 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 , can continue to be 
placed on the market and on board an EU ship  as defined in Article 2(2) of Directive 
2014/90/EU . 
(5) In order to facilitate a harmonised, rapid and simple implementation of Directive 
2014/90/EU, implementing acts adopted pursuant to that Di rective should take the 
form of Implementing Regulations.  
(6) In order to allow the marine equipment industry and other  stakeholders  to adapt to the 
measures provided for in this Regulation, this Regulation should enter into force 40 
days following its publication in the  Official Journal of the European Union . 
(7) 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  established by 
Regulation  (EC) No 2099/2002  of the European Parliament and of the Council2,  
                                                 
1 OJ L 257, 28.8.2014, p. 146.  
2 Regulation (EC) No 2099/2002 of the European Parliament and of the Council of 5 November 2002 
establishing a Committee on Safe Seas and the Prevention of Pollution from Ships (COSS) and 
amending the Regulations on maritime safety and the prevention of poll ution from ships (OJ L 324, 
29.11.2002, p. 1).   
EN 2  EN HAS ADOPTED THIS REGULATION:  
Article 1  
The design, construction and performance requirements and the testing standards provided for 
in the international instruments  defined in Article 2(5 ) of Directive 2014/90/EU shall apply to 
each item of marine equipment listed in  the Annex  to this Regulation . 
Article 2 
Implementing Regulation (EU) 20 20/1170  is repealed.  
Article 3 
1. 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 force 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.  
2. Marine equipment listed as a ‘new item inserted by Implementing Regulation 
2020/1170 ’ in column 1 of the Annex, which is in compliance with the national requirements 
for type -approval in fo rce before 1 September 2020  in a Member State, may continue to be 
placed on the market and on board an EU ship  until 1 September 2023 . 
3. Marine equipment listed as a ‘new item inserted by Implementing Regulation [OP – 
please insert the number of this Regulation] ’ 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 fortieth  day following that of its publication in 
the Official Journal of the Europe an Union .  
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