EN Official Journal of the European Union L 113/1

COMMISSION DIRECTIVE 2009/26/EC

of 6 April 2009

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 should apply in their up-to-date versions.

(2) As amendments to the international conventions and applicable testing standards have entered into force since 30 June 2008, date on which Directive 96/98/EC was amended for the last time, these amendments should be incorporated into that Directive in the interests of clarity.

(3) The International Maritime Organisation and the European standardisation organisations 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.

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

(5) The measures provided for in this Directive are in accordance with the opinion of the Committee on Safe Seas and the Prevention of Pollution from Ships (COSS),

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’ in column 1 of Annex A.1 of Directive 96/98/EC or as having been transferred from Annex A.2 to Annex A.1 of that Directive was manufactured before the date referred to in Article 3(1) of this Directive 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 6 April 2010 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.

They shall apply those provisions from 6 April 2010.

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 its publication in the Official Journal of the European Union.

Article 5

This Directive is addressed to the Member States.

Done at Brussels, 6 April 2009. For the Commission Antonio TAJANI Vice-President

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