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it & COMMISSION OF THE EUROPEAN COMMUNITIES 
Brussels,13.02.1996 
COM(96) 47 final 
95/0163 (SYN) 
Amended proposal for a 
COUNCIL DIRECTIVE 
on Marine Equipment 
(presented by the Commission pursuant to Article 189 a (2) 
of the EC-Treaty) 

EXPLANATORY MEMORANDUM 
During its 28-30 November 1995 Plenary Session, the European Parliament approved, 
subject to a number of amendments, the Commission's proposal for a Council Directive on 
Marine Equipment1. 
Most of the amendments adopted by the Parliament do not affect the fundamental principles 
of the draft Directive; some of them are consistent with the aim of the proposal and indeed 
they bring an added value to it. Others, which the Commission could not accept, are based 
on technical misunderstandings, or weaken the provisions of the proposal, or finally duplicate 
equivalent provisions which already exist elsewhere. 
More precisely, the Commission could not accept: 
the amendment to the first recital, since the same principle is already expressed in 
other recitals of the original proposal; 
the amendment to Article 2, definition of" EU Ship", since it would imply a more 
restricted field of application than the proposal of the Commission; 
the amendment to Article 2, definition of "Testing Standards", since the reference to 
'the European standards organisation or other specialized organisation, according to 
the type of equipment' is far too vague; 
the amendment to Article 5, paragraph 3, since, after the date of entry into force of 
the Directive, the equipment should be manufactured in accordance with the 
provisions of the Directive, notwithstanding the fact that the two years' period 
allowed to Member States to adopt their national laws has not passed yet. 
Furthermore, this amendment would eliminate the interim period after adoption of 
the national laws during which manufacturers can still sell the equipment they have 
in stock; 
the amendment to Article 6, since it is contrary to the main principle of the proposal, 
that is making the International testing standards, and only them, compulsory in the 
Community. To accept to harmonise the implementation of the testing standards 
existing in the Member States would mean to change approach and allow Member 
States to continue to use their own standards, including those which are not at the 
required level; 
the amendment to Article 9, paragraph 2, which is redundant, since the Commission 
accepted to set out the principle of independence of the Notified Bodies in Annex C 
and not in Article 9 (see next page); 
O.J. N" C 218 of 23 August 1995, p. 9. 
the amendment to Annex B, module B, paragraph 2, since the procedures for the 
type-examination of the products are those applied in all the Community measures 
and the Commission intends to have a common Community approach in this field; 
the amendment to Annex C, paragraph 1, since the same principle is already taken 
up in substance in Annex C, indent 3. 
The Commission accepted without reservation the amendment to Article 2, definition of 
"New Ship", which constitutes a technical-legal improvement. 
Finally, the Commission accepted the substance of the following amendments, subject to 
drafting improvements: 
the amendment to Article 9, paragraph la (new) , which sets the principle that 
Member States have to undertake regular controls on the Notified Bodies; 
the amendment to Article 9, paragraph 2, which introduces the principle of 
independence of the Notified Bodies; the Commission considers more appropriate to 
lay down this provision in Annex C to the proposal; 
the amendment to Article 14, paragraph 2, which states that discrimination has to be 
avoided for equipment produced in other States, and not only other Member States, 
when carrying out trials of the equipment, as referred to in the first paragraph of this 
Article. 
Amended proposal for a 
Council Directive 
on Marine Equipment 
-Original text Amended lexl 
Article 2 
"New Ship": 
means a Ship, the keel of which is laid or 
which is at a similar stage of construction 
on or after the date of adoption of this 
Directive. For the purpose of this 
definition, a similar stage of construction 
means the stage at which: 
(i) construction identifiable with a 
specific ship begins and 
(ii) assembly of that ship has 
commenced comprising at least 50 
tonnes or one per cent of the 
estimated mass of all structural 
material, whichever is less. New Ship": 
means a Ship, the keel of which is laid or 
which is at a similar stage of construction 
on or after the date of entry into force of 
this Directive. For the purpose of this 
definition, a similar stage of construction 
means the stage at which: 
(i) construction identifiable with a 
specific ship begins and 
(ii) assembly of that ship has 
commenced comprising at least 50 
tonnes or one per cent of the 
estimated mass of all structural 
material, whichever is less. 
Article 9, paragraph 1 a (new) 
Member States shall carry out, at least 
every two years, an audit by the competent 
administration or by an impartial external 
organisation appointed by the competent 
administration into the duties the notified 
bodies are undertaking on their behalf. 
The audit shall ensure that the Notified 
Body continues to satisfy the criteria listed 
in Annex C. 
—Original text— -Amended text 
Article 14, paragraph 2 
Such trials procedures shall in no way Such trials procedures shall in no way 
discriminate between Equipment produced discriminate between Equipment produced 
in the flag State and Equipment produced in the flag State and Equipment produced 
in other Member States. in other States. 
Annex C, paragraph 1 a (new) 
The Notified Body shall be independent 
and shall not be controlled by 
manufacturers or suppliers of the 
equipment. 

ISSN 0254-1475 
COM(96) 47 final 
DOCUMENTS 
EN 07 
Catalogue number : CB-CO-96-058-EN-C 
ISBN 92-78-00423-5 
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