EN   EN 
 
 
 EUROPEAN  
COMMISSION   
Brussels, XXX   
[…](2022) XXX  draft 
 
COMMISSION IMPLEMENTING REGULATION (EU) …/...  
of XXX  
laying down rules for the application of Directive 2014/90/EU of the European 
Parliament and of the Council, as regards design, construction and performance 
requirements and testing standards for marine equipment and repealing Implementing 
Regulation (EU) 2021/1158  
(Text with EEA relevance)   EN 1  EN COMMISSION IMPLEMENTING REGULATION (EU) …/...  
of XXX  
laying down rules for the application of Directive 2014/90/EU of the European 
Parliament and  of the Council, as regards design, construction and performance 
requirements and testing standards for marine equipment and repealing Implementing 
Regulation (EU) 2021/1158  
(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 Council of 23 
July 2014 on marine equipment and repea ling 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 internati onal instruments, should be explicitly listed.  
(3) Commission Implementing Regulation (EU) 2021/11582 should  therefore be repealed . 
(4) It is reasonable and proportionate to allow for a transitional period during which a new 
item which is in conformity wit h 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 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 . 
(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  established by 
Regulation (EC) No 2099/2002  of the European Parliament and of the Council3,  
                                              
1 OJ L 257, 28.8.2014, p. 146 . 
2 Commission Implementing Regulation (EU) 2021/1158 of 22 June 2021 on design, construction and 
performance requirements and testing standards for marine equipment and repealing Implementing 
Regulation (EU) 2020/1170 (OJ L 254, 16.7.2021, p. 1).  
3 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 P revention of Pollution from Ships (COSS) and 
amending the Regulations on maritime safety and the prevention of pollution from s hips  (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) 2021/1158  is repealed.  
Article 3 
1. 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 nationa l requirements for type -
approval in force 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.   
2. Marine equipment listed as a ‘new item inserted by Implementing Regulation (EU)  
2021/1158 ’ in column 1  of the Annex, which is in compliance with the national requirements 
for type -approval in force before 25 August 2021  in a Member State, may continue to be 
placed on the market and on board an EU ship until 25 August 2024 .  
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 [OP - 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 [OP - please insert 3 years after the date of entry into 
force of this Implementing Regulation] . 
Article 4  
This Regula tion shall enter into force on the fortieth  day following that of its publication in 
the Official Journal of the European Union .   
This Regulation shall be binding in its entirety and directly applicable in all Member States.  
Done at Brussels,  
 For the Com mission  
 The President  
 
 Ursula VON DER LEYEN