Amended proposal for a Council Directive on marine equipment
Date: 1996-02-13
Institutions: European Commission
Subjects: international standard, quality control of industrial products, shipbuilding, technical regulations, testing

COMMISSION  OF THE  EUROPEAN  COMMUNITIES 

•Or 
it 

tr 
& 

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 
in  accordance  with  the 
the  Directive,  the  equipment  should  be  manufactured 
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": 

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 
this 
definition,  a  similar  stage  of  construction 
means  the  stage  at  which: 

the  purpose  of 

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) 

(ii) 

of 

identifiable  with  a 

construction 
specific  ship  begins  and 
assembly 
has 
commenced  comprising  at  least  50 
tonnes  or  one  per  cent  of  the 
estimated  mass  of  all  structural 
material,  whichever  is  less. 

ship 

that 

(i) 

(ii) 

of 

identifiable  with  a 

construction 
specific  ship  begins  and 
assembly 
has 
commenced  comprising  at  least  50 
tonnes  or  one  per  cent  of  the 
estimated  mass  of  all  structural 
material,  whichever  is less. 

ship 

that 

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 
discriminate  between Equipment produced 
in the  flag  State  and  Equipment  produced 
in other  Member  States. 

Such  trials  procedures  shall  in  no  way 
discriminate  between Equipment  produced 
in the  flag  State  and  Equipment  produced 
in other  States. 

Annex  C,  paragraph  1 a  (new) 

shall 

The  Notified  Body  shall  be  independent 
by 
be 
and 
manufacturers 
the 
suppliers 
equipment. 

controlled 
of 

not 

or 

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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