Corrigendum to the Agreement between the European Community and the United States of America on the Mutual Recognition of Certificates of Conformity for Marine Equipment
Date: 2004-05-24
Institutions: European Community, United States
Subjects: International Maritime Organisation, United States, agreement (EU), environmental protection, international standard, maritime safety, mutual recognition principle, quality label, technical standard

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Corrigendum to Council Decision 2004/425/EC of 21 April 2004 on the conclusion of an Agreement between
the European Community and the United States of America on the mutual recognition of certificates of confor-
mity for marine equipment

(Official Journal of the European Union L 150 of 30 April 2004)

Decision 2004/425/EC should read as follows:

COUNCIL DECISION

of 21 April 2004

on the conclusion of an Agreement between the European Community and the United States of
America on the mutual recognition of certificates of conformity for marine equipment

(2004/425/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Article 2

Having regard to the Treaty establishing the European Com-
munity, and in particular Article 133 in conjunction with
Article 300(2), first subparagraph, first sentence, (3) first sub-
paragraph, first sentence, and (4) thereof,

The President of the Council is hereby authorised to designate
the person(s) empowered to transmit, on behalf of the Com-
munity, the note provided for in Article 21(1) of the Agree-
ment.

Having regard to the proposal from the Commission,

Whereas:

(1)

(2)

The Agreement between the European Community and
the United States of America on the mutual recognition
of certificates of conformity for marine equipment
(Agreement) has been signed on behalf of the Com-
munity on 27 February 2004, subject to its conclusion.

The appropriate internal procedures should be estab-
lished to ensure the good functioning of the Agreement;
it is therefore necessary to delegate to the Commission
the power to take certain decisions for its implementa-
tion.

(3)

The Agreement should be approved,

HAS DECIDED AS FOLLOWS:

Article 1

The Agreement between the European Community and the
United States of America on the mutual recognition of certifi-
cates of conformity for marine equipment is hereby approved
on behalf of the Community.

The text of the Agreement is attached to this Decision.

Article 3

1.
The Commission, assisted by the special committee
appointed by the Council, shall represent the Community in
the Joint Committee provided for in Article 7 of the Agreement
and in any working group that may be established according to
Article 7(4) of the Agreement. The Commission shall proceed,
after consultation with the special committee, to the notifica-
tions, exchanges of information and requests for information
specified in the Agreement.

2.
The position of the Community with regard to decisions
to be taken by the Joint Committee shall be determined by the
Commission, following consultation of the special committee.

A decision relating to terminating the Agreement,
3.
according to Article 21(3)
thereof, shall be taken by the
Council, acting by qualified majority on a proposal from the
Commission.

Done at Luxembourg, 21 April 2004.

For the Council

The President

J. WALSH

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between the European Community and the United Sates of America on the mutual recognition of
certificates of conformity for marine equipment

AGREEMENT

PREAMBLE

The EUROPEAN COMMUNITY, and the UNITED STATES OF AMERICA, hereinafter referred to as 'the Parties',

CONSIDERING the traditional links of friendship that exist between the United States of America (US) and the European
Community (EC);

DESIRING to facilitate bilateral trade in marine equipment and to increase the effectiveness of each Party's regulatory
actions;

RECOGNISING the opportunities offered to regulators by the elimination of unnecessary duplication of their activities;

NOTING the shared commitment of the Parties to the work of the International Maritime Organisation (IMO);

CONSIDERING that the aim of the Parties is enhancing safety at sea and the prevention of marine pollution;

RECOGNISING, on the one hand, that mutual recognition agreements can positively contribute to greater international
harmonisation of standards;

BEARING IN MIND, on the other hand, that the determination of equivalence must ensure that the fulfilment of the
regulatory objectives of the Parties is fully respected and shall not lead to a lowering of their respective levels of safety
and protection;

RECOGNISING that mutual recognition of certificates of conformity based on the equivalence of EC and US marine
equipment regulations is an important means of enhancing market access between the Parties;

RECOGNISING that agreements providing for mutual recognition are of particular interest to small and medium-sized
businesses in the US and the EC;

RECOGNISING that any mutual recognition also requires confidence in the continued reliability of the other Party's
conformity assessments;

BEARING IN MIND that the Agreement on Technical Barriers to Trade, an agreement annexed to the Agreement Estab-
lishing the World Trade Organisation (WTO), encourages WTO Members to enter into negotiations for the conclusion
of agreements for the mutual recognition of results of each other's conformity assessment procedures, as well as to give
positive consideration to accepting as equivalent the technical regulations of other Members, provided they are satisfied
that these regulations adequately fulfil the objectives of their own regulations,

HAVE AGREED AS FOLLOWS:

CHAPTER 1

DEFINITIONS AND PURPOSE

Article1

Definitions

The following terms and definitions shall apply to this

1.
Agreement:

(a) 'regulatory authority' means a government agency or entity
that has the authority to issue regulations regarding issues
related to safety at sea and prevention of marine pollution,
that exercises a legal right to control the use or sale of
marine equipment within a Party's jurisdiction, and that
may take enforcement action to ensure that products
marketed within its jurisdiction comply with applicable

legal requirements. The Parties' respective regulatory Autho-
rities are identified in Annex III;

(b) 'conformity assessment body' means a legal entity, whether
a regulatory authority or another body, public or private,
that has the authority to issue certificates of conformity
under a Party's domestic laws and regulations. For purposes
of this Agreement, the Parties' respective conformity assess-
ment bodies are those referred to in Article 6;

(c) 'technical

regulations' comprise the mandatory product
requirements,
standards and
testing and performance
conformity assessment procedures laid down in the legisla-
tive, regulatory and administrative provisions of the Parties
related to marine equipment, as well as any applicable
guidelines for their application;

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(d) 'certificate of conformity' means the document or docu-
ments issued by a conformity assessment body of a party
certifying that a product fulfils the relevant legislative, regu-
latory and administrative requirements of that party. In the
US, this is the certificate of type approval issued by the
United States Coast Guard. In the EC, they are the certifi-
cates, approvals and declarations provided for by Directive
96/98/EC;

(e) 'equivalence of technical regulations' means that the tech-
nical regulations of the Parties related to a specific product
are sufficiently comparable to ensure that the objectives of
each Party's respective regulations are fulfilled. Equivalence
of technical regulations does not require that the respective
technical regulations are identical;

(f) 'international instrument' means the relevant international
conventions, resolutions, codes and circulars of the Interna-
tional Maritime Organisation (IMO), and the relevant
testing standards.

Other terms concerning conformity assessment used in
2.
this Agreement shall have the meaning given elsewhere in this
Agreement or in the definitions contained in Guide 2 (1996
edition) of the International Organisation for Standardisation
(ISO) and the International Electrotechnical Commission (IEC).
In the event of an inconsistency between ISO/IEC Guide 2 and
definitions in this Agreement, the definitions in this Agreement
shall prevail.

Article 2

Purpose of the Agreement

3.
This Agreement is intended to evolve as programs and
policies of the Parties evolve. The Parties will review this Agree-
ment periodically,
in order to assess progress and identify
potential enhancements to this Agreement as US and EC poli-
cies evolve over time. Particular attention will also be given to
the evolution of the international instruments.

CHAPTER 2

MUTUAL RECOGNITION

Article 3

Basic obligations

1. With respect
to each product listed in Annex II, the
United States shall accept as complying with its own legislative,
regulatory and administrative provisions as referred to in
Annex I, without any further conformity assessment, certifi-
cates of conformity issued by the EC conformity assessment
bodies in accordance with the legislative, regulatory and admin-
istrative provisions of the EC.

2. With respect to each product listed in Annex II, the Euro-
pean Community and its Member States
shall accept as
complying with their own legislative, regulatory and adminis-
trative provisions as referred to in Annex I, without any further
conformity assessment, certificates of conformity issued by the
US conformity assessment body in accordance with the legisla-
tive, regulatory and administrative provisions of the United
States.

3.
The technical regulations applicable in the US and the EC
to each such product within the scope of this Agreement are
specified in Annex II.

1.
This Agreement establishes the conditions under which
the importing Party's regulatory authority shall accept the certi-
ficates of conformity issued by the exporting Party's conformity
assessment bodies in accordance with the technical regulations
of the exporting Party, hereinafter referred to as 'mutual recog-
nition'.

Article 4

Equivalence of technical regulations

2.
This Agreement also lays down a framework for regula-
tory cooperation with the objective of maintaining and
furthering mutual recognition between the EC and the US of
their respective regulatory requirements for marine equipment;
of encouraging the improvement and evolution of regulatory
requirements for the purpose of enhancing the safety at sea
and the prevention of marine pollution; and ensuring a consis-
tent application of this Agreement. This cooperation will take
place fully respecting the Parties regulatory autonomy and their
evolving policies and regulations as well as their
shared
commitment
international
instruments.

to the evolution of

the relevant

1.
The mutual recognition obligations referred to in Article
3 are based on the determination by the Parties that the tech-
nical regulations applicable to each product listed in Annex II
are equivalent.

2.
Determination of equivalence of technical regulations of
the Parties shall be based on their implementation of the rele-
instruments in their respective legislation,
vant international
regulations and administrative provisions, except where a Party
regards the instrument would be an ineffective or inappropriate
means of fulfilment of its regulatory objectives. In the latter
case, equivalency shall be determined on a mutually acceptable
basis.

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Article 5

Marking

6.
Each Party shall require that its conformity assessment
bodies, upon request of a regulatory authority of the other
Party listed in Annex III, make available to the regulatory
authorities, copies of the certificates of conformity and related
technical documentation they have issued.

The Parties may maintain their respective requirements with
regard to the marking, numbering and identification of
products. With respect to the products listed in Annex II, the
EC conformity assessment bodies shall have the right to issue
the marking and numbering required by the US legislation and
regulations, as allocated to them by the US Coast Guard. The
US conformity assessment body shall be given the identification
number provided for in Directive 96/98/EC, as allocated to it
by the Commission of the European Communities, which shall
be affixed next to the marking required by that Directive.

Article 6

Conformity assessment bodies

For the purpose of issuing certificates of conformity in
the

1.
accordance with the provisions of
following shall apply:

this Agreement,

(a) The US recognises the notified bodies that have been desig-
nated by the EC Member States under Directive 96/98/EC
as conformity assessment bodies;

(b) The EC and its Member States recognise the United States
Coast Guard together with the laboratories it has accepted
under 46 CFR 159.010, as a conformity assessment body.

Each Party recognises that

the conformity assessment
2.
bodies of
the other Party are authorised to perform the
following procedures in relation to the legislative, regulatory
and administrative provisions referred to in Annex I:

(a) testing and issuing of test reports,

(b) performing quality assurance functions or system certifica-

tion.

3.
The Regulatory Authorities of the Parties are responsible
for the following procedures, but may delegate some or all of
these functions to conformity assessment bodies:

(a) reviewing equipment design and test results against identi-

fied standards,

CHAPTER 3

JOINT COMMITTEE

Article 7

Joint Committee

The Parties hereby establish a Joint Committee consisting
1.
of representatives of each Party. The Joint Committee shall be
responsible for the effective functioning of this Agreement.

Each Party shall have one vote in the Joint Committee.
2.
The Joint Committee shall make its decisions by unanimity.
The Joint Committee shall determine its own rules of proce-
dure.

functioning of

The Joint Committee may consider any matter relating to
3.
the
Joint
effective
Committee shall have the authority to take decisions in the
cases provided for in this Agreement. The Parties shall take the
necessary measures to implement such decisions of the Joint
Committee. In particular, the Joint Committee shall be respon-
sible for:

this Agreement. The

(a) developing and maintaining the list in Annex II of products
regulatory and administrative
and associated legislative,
provisions that the Parties have determined to be equiva-
lent;

(b) discussing issues and resolving problems that may arise
this Agreement,
implementation of
concerning
including concerns that technical regulations of the Parties
applicable to a specific product in Annex II may no longer
be equivalent;

the

(c) addressing technical, conformity assessment and technology
issues in order to ensure a consistent application of this
Agreement, in particular in relation to the relevant interna-
tional instruments;

(b) issuing certificates of conformity.

(d) amending the Annexes;

4.
Prior to the entry into force of this Agreement the Parties
shall exchange their respective lists of conformity assessment
bodies. The Parties shall inform each other promptly of any
changes to their list of conformity assessment bodies. The
Parties shall maintain on the World Wide Web updated lists of
their conformity assessment bodies.

(e) providing guidance and, if necessary, developing guidelines
to facilitate the successful implementation and application
of this Agreement;

(f) establish and maintain a work plan for aligning and harmo-

nising the technical requirements of the Parties;

5.
Each Party shall require that its conformity assessment
bodies record and retain details of their investigations of the
competence and compliance of their sub-contractors and main-
tain a register of all sub-contracting. These details will be avail-
able to the other Party on request.

4.
The Joint Committee may establish Joint Working Groups
comprised of appropriate Regulatory Authorities' representa-
tives and appropriate experts deemed necessary,
in order to
address and advise the Joint Committee on specific issues
related to the functioning of this Agreement.

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CHAPTER 4

REGULATORY COOPERATION

tions of safety, health or environmental protection require
more urgent action, a Party shall notify the other Party as soon
as practicable.

Article 8

Preservation of regulatory authority

Nothing in this Agreement shall be construed to limit the
authority of a Party to determine, through its legislative, regula-
tory and administrative measures, the level of protection it
considers
and
improving the prevention of marine pollution, or otherwise act
with regard to risks within the scope of this Agreement.

enhancing safety at

appropriate

sea

for

The Parties and their regulatory authorities shall inform
3.
and consult with one another, as permitted by their respective
laws and regulations, on:

(a) proposals to amend or introduce new technical regulations
as laid down in their respective legislative, regulatory and
administrative provisions referred in, or related to, provi-
sions listed in Annexes I and II;

(b) timely incorporation of amended or new international
instruments into their respective legislation, regulations and
administrative provisions; and

Article 9

Exchange of information and contact points

(c) the renewal of existing and valid certificates of conformity
when the renewal is required by amended or new legisla-
tive, regulatory and/or administrative provisions.

The regulatory authorities of the Parties listed in Annex
1.
III will establish appropriate means of exchanging information
on any regulatory problems concerning products subject to this
Agreement.

The Parties will provide each other
comment on such proposals.

the opportunity to

Each Party shall designate at

2.
least one contact point,
which may be the regulatory authorities listed in Annex III, to
provide answers to all reasonable inquiries from the other Party
and other interested parties such as manufacturers, consumers,
regulations, and other
trade unions,
matters related to this Agreement. The Parties shall exchange,
and make publicly available, lists of contact points.

regarding procedures,

3. With regard to the exchange of information and notifica-
tions under this Agreement a Party shall have the right to
communicate in its official language or languages. If a Party
deems that information it receives must be translated into its
official
language or languages, that Party shall undertake the
necessary translation and bear the cost.

4.
Each Party agrees to make available to the public its list
of products for which it has issued certificates of conformity
under its respective legislative, regulatory and administrative
provisions on the World Wide Web and update it on a regular
basis.

Article 10

Regulatory changes

In the event of changes to the legislation, regulations, and
4.
administrative provisions referred to in Annex I and II, the
Joint Committee shall consider whether or not the equivalence
of the technical regulations with respect to products listed in
Annex II has been maintained.

If it is agreed in the Joint Committee that equivalence is main-
tained, then the product shall be retained in Annex II.

If it is agreed in the Joint Committee that equivalence cannot
be maintained, references to products and the relevant technical
regulations for which equivalence cannot be maintained shall
be removed from Annex II. The Joint Committee shall update
Annex II by a decision to reflect the changes. Upon the discon-
tinuance of mutual recognition,
the Parties are no longer
bound by the obligations referred to in Article 3 of this Agree-
ment for the specific product. However, the importing Party
shall continue to recognise previously issued certificates of
conformity for products that have been placed on the market
of that Party prior to the discontinuance of mutual recognition,
unless a regulatory authority in the Party decides otherwise
based on health, safety or environmental considerations or
failure to satisfy other requirements within the scope of this
Agreement.

1. When a Party introduces new technical
regulations
related to this Agreement, it shall do so on the basis of existing
international
instruments, except when a Party considers the
instrument would be an ineffective or inappropriate means for
fulfilment of its regulatory objectives.

If the Parties, within the Joint Committee, cannot agree on
whether or not equivalence of their technical regulations with
respect to a product listed in Annex II is maintained, then
mutual recognition with respect
to that product shall be
suspended according to the terms of Article 15.

2.
Each Party shall notify the other Party of changes to tech-
nical regulations related to the subject matter of this Agreement
at least 90 days before their entry into force. Where considera-

The Parties shall make available on the World Wide Web

5.
an up-to-date version of Annex II.

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Article 11

Regulatory cooperation

2.
The Parties shall encourage their conformity assessment
bodies to take part in coordination and cooperation activities
organised by the Parties either separately or jointly.

1.
The Parties agree to cooperate in the IMO and other rele-
vant international organisation such as the International Orga-
nisation for Standardisation (ISO), the International Electrotech-
nical Commission (IEC) and the International Telecommunica-
tions Union (ITU), with a view to establishing and improving
international rules for enhancing the safety at sea and the
prevention of marine pollution.

2.
The Parties will consider what technical work, data and
information exchange, scientific and technological cooperation
or other cooperative activities can be pursued between them
with a view to improving the quality and level of their tech-
nical regulations applicable to marine equipment and making
efficient use of resources for regulatory development.

3.
For products that are not included in Annex II upon
entry into force of this Agreement or for which equivalence of
technical regulations has been discontinued or suspended, the
Parties undertake to examine their respective technical regula-
tions with a view to establishing, to the extent possible, mutual
recognition. The Parties will set out a work program and time-
table for alignment of their technical regulations, including the
initiation of appropriate international standards work. The
Parties shall endeavour to align their technical regulations to
the extent possible on the basis of existing international instru-
ments in pursuit of the objective of their domestic legislation
to enhance safety at sea and improve the prevention of marine
pollution.

4. When the Parties have determined that equivalence can
be established for a product and associated legislative, regula-
tory and administrative provisions, the Joint Committee shall
take a decision to amend Annex II accordingly.

Article 12

Cooperation on conformity assessment

1.
The Parties and their authorities responsible for confor-
mity assessment issues shall consult as necessary to ensure the
maintenance of confidence in conformity assessment proce-
dures and conformity assessment bodies. This can take the
form of, for example, comparison of methods to verify and
monitor the technical competence and ability of conformity
assessment bodies, and, with the consent of both Parties, joint
participation in audits/inspections related to conformity assess-
ment activities or other assessment of conformity assessment
bodies.

CHAPTER 5

SURVEILLANCE AND SAFEGUARD MEASURES

Article 13

Surveillance of conformity assessment bodies

The Parties shall ensure that their conformity assessment
1.
bodies are capable and remain capable of properly assessing
conformity of products or processes, according to the applic-
able legislation, regulations and administrative provisions. In
this regard, the Parties shall maintain, or cause to maintain,
their conformity
ongoing surveillance, as applicable, over
assessment bodies and/or recognised laboratories, by means of
regular audit or assessment.

it shall

2.
In case a Party has objective reasons for contesting the
technical competence of a conformity assessment body of the
other Party,
inform the other Party thereof. Such
contestation shall be exercised when justified in an objective
and reasoned manner. The other Party shall in a timely manner
present information in order to refute the contestation or to
correct the deficiencies which form the basis of the contesta-
tion. If necessary the matter shall be discussed in the Joint
Committee. If agreement cannot be reached on the competency
of the conformity body, the contesting Party may refuse to
grant its marking and/or numbering to the contested confor-
mity assessment body and refuse to recognise the certificates of
conformity issued by the contested conformity assessment
body.

Article14

Market surveillance

Nothing in this Agreement shall be construed to limit the
1.
authority of a regulatory authority to take all appropriate and
immediate measures whenever it ascertains that a product may:

(a) although correctly installed, maintained and used for its
intended purpose, compromise the health and/or safety of
the crew,
the passengers or, where applicable, other
persons, or adversely affect the marine environment;

(b) not meet the legislative, regulatory, or administrative provi-

sions within the scope of the Agreement; or

(c) otherwise fail to satisfy a requirement within the scope of

the Agreement.

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Such measures may include withdrawing the products from the
market, prohibiting their placement on the market, restricting
their free movement, initiating a product recall, and preventing
the recurrence of such problems, including through a prohibi-
tion on imports. If the regulatory authority takes such action, it
shall inform the other Party no later than 15 days after taking
such action, providing its reasons for such action.

Nothing in this Agreement shall prevent the Parties from
in fact

2.
removing products from the market
conform to a Party's technical regulations.

that do not

3.
The Parties agree that any applicable border inspections
and checks of products which have been certified, labelled or
marked as conforming with the importing Party's requirements
specified in Annex I shall be completed as expeditiously as
possible. With regard to any inspections related to internal
movement within their respective territories, the Parties agree
that these shall be completed in no less a favourable manner
than for like domestic products.

Article 15

Suspending mutual recognition

In case a Party considers that equivalence of technical
1.
regulations with respect to one or more products listed in
Annex II is not being or cannot be maintained, it shall inform
the other Party thereof and give the objective reasons for this.
Any contestation of equivalence shall be discussed in the Joint
Committee. If no decision is reached by the Joint Committee
within 60 days of the referral to it the mutual recognition obli-
gation with respect to such products shall be suspended by one
or both Parties. The suspension shall remain in effect until
agreement has been reached by the Joint Committee.

2.
The Joint Committee shall update Annex II by a decision
to reflect the suspension of mutual recognition for the products
in question. The Parties agree to cooperate according to the
terms of Article 11 in view of establishing equivalence again,
to the extent possible.

Upon suspension of mutual recognition of technical regu-
3.
lations referred to in Annex II the Parties are no longer bound
by the obligations referred to in Article 3 of this Agreement for
the specific product. However,
the importing Party shall
continue to recognise previously issued certificates of confor-
mity for products that have been placed on the market of that
Party prior to the suspension of mutual recognition, unless a
Regulatory Authority in the Party decides otherwise based on
health, safety or environmental considerations or failure to
satisfy other requirements within the scope of this Agreement.

Article 16

Alert system

products that have been found not to comply with applicable
technical regulations or can pose an imminent danger to
health, safety or the environment.

CHAPTER 6

ADDITIONAL PROVISIONS

Article 17

Confidentiality

1.
Each Party agrees to maintain, to the extent required
under its laws, the confidentiality of information exchanged
under this Agreement. In particular, neither Party shall disclose
to the public, nor permit a conformity assessment body to
disclose,
that
constitutes trade secrets, confidential commercial or financial
information, or information that relates to an ongoing investi-
gation.

information exchanged under this Agreement

2.
A Party or a conformity assessment body may, upon
exchanging information with the other Party or with a confor-
mity assessment body of the other Party, designate the portions
of the information that it wishes to be exempt from disclosure.

3.
Each Party shall take all precautions reasonably necessary
to protect information exchanged under this Agreement from
unauthorised disclosure.

Article 18

Fees

Each Party shall endeavour to ensure that fees imposed for
services related to the subject matter of this Agreement shall be
commensurate with the services provided. Each Party shall
ensure that,
for conformity assessment procedures covered
under this Agreement, it shall charge no fees with respect to
conformity assessment services provided by the other Party.

Article 19

Territorial application

1.
This Agreement shall apply, on the one hand to the terri-
tories in which the Treaty establishing the European Com-
munity is applied, and under the conditions laid down in that
Treaty and, on the other hand, to the territory of the United
States.

The Parties will put into place a two-way alert system between
their regulatory authorities in order to inform each other of

2. Without prejudice to paragraph 1, this Agreement applies
to ships entitled to fly the flag of either Party, or one of the
Parties' Member States, operating in international voyages.

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Article 20

Agreements with other countries

1.
Except where there is written agreement between the
Parties, obligations contained in mutual recognition agreements
concluded by either Party with a party not a signatory to this
Agreement (a third party) shall have no force and effect with
regard to the other Party in terms of acceptance of the results
of conformity assessment procedures in the third party.

In view of furthering trade facilitation in marine equip-
2.
ment with other countries, the EC and the US undertake to
examine the possibility of establishing a multilateral agreement
on the subject matter covered by this Agreement with other
interested countries.

CHAPTER 7

FINAL PROVISIONS

Article 21

Entry into force, amendments and termination

1.
This Agreement shall enter into force on the first day of
the second month following the date on which the Parties have
exchanged letters confirming the completion of their respective
procedures for the entry into force of this Agreement.

This Agreement may be amended as specified in Article 7

2.
or by the Parties.

Either Party may terminate this Agreement by giving the

3.
other Party six months notice in writing.

Following termination of this Agreement, a Party shall
4.
continue to accept
the certificates of conformity issued by
conformity assessment bodies under this Agreement prior to
termination, unless a regulatory authority in the Party decides
otherwise based on health, safety and environmental considera-
tions or failure to satisfy other requirements within the scope
of this Agreement.

Article 22

Final provisions

This Agreement shall not affect the rights and obligations

1.
of the Parties under any other international agreement.

2.
The Parties will review the functioning of this Agreement
on a regular basis, the first time no later than two years after
its entry into force.

This Agreement

3.
is drawn up in two originals in the
Danish, Dutch, English, Finnish, French, German, Greek, Italian,
Portuguese, Spanish and Swedish languages, each text being
equally authentic. In the event of inconsistencies of interpreta-
tion, the English text shall be determinative.

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ANNEX I

LEGISLATION, REGULATIONS AND ADMINISTRATIVE PROVISIONS

— EC legislation, regulations and administrative provisions:

Council Directive 96/98/EC of 20 December 1996 on marine equipment, as amended.

The Parties recognise that the ‘Guide to the Implementation of Directives Based on the New Approach and Global
Approach’ provides useful guidelines for the implementation of in particular conformity assessment procedures
falling under this Directive.

— US legislation, regulations and administrative provisions:

46 USC. 3306

46 CFR Parts 159 to 165

ANNEX II

Product Coverage For Mutual Recognition

Life saving appliances

Product item identification

Applicable international instruments for construction, performance and testing
requirements 1

EC technical regulations, item number
indicated in Annex A.1 of Directive
96/98/EC, as amended

US technical regulations

Lifebuoy self-activating smoke signals (pyrotech-
nics)

Expiration date not to exceed 48 months

Note:
after month of manufacture.

LSA Code, sections 1.2, and 2.1.3;

A.1/1.3

Recommendation on Testing, Part 1, paragraphs 4.1 to 4.5, and 4.8, and Part 2,
section 4;

IMO MSC Circ.980, section 3.3.

Rocket parachute flares (pyrotechnics)

LSA Code, sections 1.2, and 3.1;

Expiration date not to exceed 48 months

Note:
after month of manufacture.

Recommendation on Testing, Part 1, paragraphs 4.1 to 4.6, and Part 2, section
4;

IMO MSC Circ.980, section 3.1.

Hand flares (pyrotechnics)

LSA Code, sections 1.2, and 3.2;

Expiration date not to exceed 48 months

Note:
after month of manufacture.

Recommendation on Testing, Part 1, paragraphs 4.1 to 4.5, and 4.7, and Part 2,
section 4;

IMO MSC Circ.980, section 3.2.

A.1/1.8

A.1/1.9

Buoyant smoke signals (pyrotechnics)

LSA Code, sections 1.2, and 3.3;

A.1/1.10

No te: Expiration date not to exceed 48 months
after month of manufacture.

Recommendation on Testing, Part 1, paragraphs 4.1 to 4.5, and 4.8; and Part 2,
section 4;

IMO MSC Circ.980, section 3.3.

Line-throwing appliances (pyrotechnics)

LSA Code, sections 1.2, and 7.1;

A.1/1.11

Expiration date not to exceed 48 months

Note:
after month of manufacture.

Recommendation on Testing, Part 1, section 9; and Part 2, section 4;

IMO MSC Circ.980, section 7.1.

Rigid liferafts

LSA Code, sections 1.2, 4.1 and 4.3;

A.1/1.13

Recommendation on Testing, Part 1, paragraphs 5.1 to 5.16, and 5.20;

IMO MSC Circ.811;

IMO MSC Circ.980, section 4.2;

Note: The emergency pack is not covered by the
Agreement

IMO MSC Circ.1006 or other appropriate standard for hull or fire-retardant
covering.

Guidelines for Approval of 'SOLAS'
Pyrotechnic Devices, October 1998

Guidelines for Approval of 'SOLAS'
Pyrotechnic Devices, October 1998

Guidelines for Approval of 'SOLAS'
Pyrotechnic Devices, October 1998

Guidelines for Approval of 'SOLAS'
Pyrotechnic Devices, October 1998

Guidelines for Approval of 'SOLAS'
Pyrotechnic Devices, October 1998

Rigid Liferaft – Coast Guard (G-
MSE-4) Review Checklist, 27 July
1998

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Product item identification

Applicable international instruments for construction, performance and testing
requirements 1

EC technical regulations, item number
indicated in Annex A.1 of Directive
96/98/EC, as amended

US technical regulations

Automatically self-righting rigid liferafts

LSA Code, sections 1.2, 4.1 and 4.3;

A.1/1.14

Recommendation on Testing, Part 1, paragraphs 5.1 to 5.16, and 5.18 to 5.21;

Rigid Liferaft – Coast Guard (G-
MSE-4) Review Checklist, 27 July
1998

IMO MSC Circ.809;

IMO MSC Circ.811;

IMO MSC Circ.980, section 4.2;

Note: The emergency pack is not covered by the
Agreement

IMO MSC Circ.1006 or other appropriate standard for hull or fire-retardant
covering.

Canopied reversible rigid liferafts

LSA Code, sections 1.2, 4.1 and 4.3;

A.1/1.15

Recommendation on Testing, Part 1, paragraphs 5.1 to 5.16, 5,18, and 5.21;

IMO MSC Circ.809;

IMO MSC Circ.811;

IMO MSC Circ.980, section 4.2;

Rigid Liferaft – Coast Guard (G-
MSE-4) Review Checklist, 27 July
1998

Note: The emergency pack is not covered by the
Agreement

IMO MSC Circ.1006 or other appropriate standard for hull or fire-retardant
covering.

Float-free arrangements for
release units)

liferafts (hydrostatic

LSA Code, sections 1.2 and 4.1.6.3;

A.1/1.16

46 CFR 160.062

Recommendation on Testing, Part 1, section 11;

IMO MSC Circ.980, section 4.3.1;

Release mechanism for

LSA Code, sections 1.2 and 6.1.5;

A.1/1.26

(a) Lifeboats and rescue boats and

Recommendation on Testing, Part 1, section 8.2;

(Nothing in addition to international
instruments)

(b) Liferafts

Launched by a fall or falls

Limited to Davit-launched liferaft automatic release
hook

and Part 2, paragraphs 6.2.1 through 6.2.4;

Marine evacuation systems

LSA Code, sections 1.2 and 6.2;

A.1/1.27

Recommendation on Testing, Part 1, section 12,

IMO MSC Circ.980, section 6.2.

(Nothing in addition to international
instruments)

(1)

'LSA Code' refers to the International Life-Saving Appliance Code adopted on 4 June 1996 (IMO Resolution MSC.48(66)).
'Recommendation on Testing' refers to the IMO recommendation on Testing of Life-Saving Appliances adopted on 6 November 1991 (IMO Resolution A.689(17)) as amended on 11 December 1998 (IMO Resolution MSC.81(70).

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Product item identification

Applicable international instruments for construction, performance and testing require-
ments

EC technical regulations, item number
indicated in Annex A.1 of Directive
96/98/EC, as amended

US technical regulations

Fire protection

Primary deck coverings

FTP Code Annex 1, Parts 2

IMO Resolution A.687(17);

MSC/Circ. 916;

MSC/Circ. 1004.

A.1/3.1

(Nothing in addition to international
instruments)

'A' and 'B' Class division fire integrity, including:

SOLAS II-2/3.2; II-2/3.4;

A.1/3.11

Bulkheads (without windows)

FTP Code Annex 1, Part 3, and Annex 2;

Decks

IMO Resolution A.754 (18);

Fire doors (with windows no larger than 645 cm2)

MSC/Circ.916;

Ceilings and linings

MSC/Circ.1004;

MSC/Circ.1005.

Non-combustible materials

SOLAS II-2/3.33;

A.1/3.13

FTP Code Annex 1, Part 1, and Annex 2.

Fire doors

SOLAS II-2/9.4.1.1.2, II-2/9.4.1.2.1, and II-2/9.4.2;

A.1/3.16

(Nothing in addition to international
instruments)

(Nothing in addition to international
instruments)

(Nothing in addition to international
instruments)

Limited to fire doors without windows or with
total window area no more than 645 cm2 in each
door leaf.

FTP Code Annex 1, Part 3;

IMO Resolution A.754 (18);

Approval limited to maximum door size tested.

Doors must be used with a fire tested frame
design.

MSC/Circ. 916;

MSC/Circ. 1004.

Fire door control systems

SOLAS II-2/9.4.1.1.4;

1994 HSC Code 7.9.3.3;

2000 HSC Code 7.9.3.3;

FTP Code Annex 1, Part 4.

A.1/3.17

(Nothing in addition to international
instruments)

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Product item identification

Applicable international instruments for construction, performance and testing require-
ments

EC technical regulations, item number
indicated in Annex A.1 of Directive
96/98/EC, as amended

US technical regulations

Surface materials and floor coverings with low
flame-spread characteristics

Limited to exposed surfaces of ceilings, walls, and
floors. Does not apply to pipes, pipe coverings, or
cables.

SOLAS II-2/3.29;

1994 HSC Code 7.4.3.4.1 and 7.4.3.6;

2000 HSC Code 7.4.3.4.1 and 7.4.3.6;

FTP Code, Annex 1, Parts 2

IMO Resolution A.653 (16);

ISO 1716 (1973);

MSC/Circ. 916, MSC/Circ. 1004 and MSC/Circ. 1008.

Draperies, curtains and other suspended textile
materials and films

SOLAS II-2/3.40.3;

FTP Code Annex 1, Part 7.

Upholstered furniture

Bedding components

FTP Code Annex 1, Part 8;

IMO Resolution A.652 (16).

FTP Code Annex 1, Part 9;

IMO Resolution A.688 (17).

Fire dampers

SOLAS II-2/9.4.1.1.8, and II-2/9.7.3.1.2;

Penetrations through 'A' class divisions by electric
cables, pipes, trunks, ducts etc.

Penetrations through 'B' class divisions by pipes
other than steel or copper

FTP Code Annex 1, Part 3;

IMO Resolution A.754 (18);

MSC/Circ. 916.

SOLAS II-2/9.3.1;

FTP Code Annex 1, Part 3;

IMO Resolution A.754 (18);

MSC/Circ. 916, and MSC/Circ. 1004.

SOLAS II-2/9.3.2.1;

FTP Code Annex 1, Part 3;

IMO Resolution A.754 (18);

MSC/Circ. 916, and MSC/Circ. 1004.

A.1/3.18

(Nothing in addition to international
instruments)

A.1/3.19

A.1/3.20

A.1/3.21

A.1/3.22

A.1/3.26

A.1/3.27

(Nothing in addition to international
instruments)

(Nothing in addition to international
instruments)

(Nothing in addition to international
instruments)

(Nothing in addition to international
instruments)

(Nothing in addition to international
instruments)

(Nothing in addition to international
instruments)

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Product item identification

Applicable international instruments for construction, performance and testing require-
ments

EC technical regulations, item number
indicated in Annex A.1 of Directive
96/98/EC, as amended

US technical regulations

Navigation equipment

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Magnetic compass

SOLAS V/19.2.1.1;

IMO Resolution A.382 (X),;

IMO Resolution A.694 (17);

A.1/4.1

Navigation and Vessel
Inspection
Circular NVIC 8-01, enclosure (4),
2/165.101.

E
N

ISO 449 (1997),
IEC 60945 (1996).

ISO 694 (2000),

ISO 1069 (1973),

ISO 2269 (1992),

Transmitting magnetic heading device (TMHD)

IMO Resolution MSC 86 (70) annex 2;

A.1/4.2

Gyro compass

IMO Resolution A.694 (17);

ISO 11606 (2000), IEC 60945 (1996), IEC 61162.

IMO Resolution A.424 (XI);

IMO Resolution A.694 (17);

ISO 8728 (1997), IEC 60945 (1996), IEC 61162.

Inspection
Navigation and Vessel
Circular NVIC 8-01, enclosure (4),
2/165.102.

A.1/4.3

Navigation and Vessel
Inspection
Circular NVIC 8-01, enclosure (4),
2/165.103.

Echo-sounding equipment

IMO Resolution A.224 (VII) as amended by IMO Resolution MSC74 (69) Annex
4, IMO Resolution A.694 (17);

A.1/4.6

ISO 9875 (2000), IEC 60945 (1996), IEC 61162.

Speed and distance measuring equipment (SDME)

1994 HSC Code 13.3.2;

A.1/4.7

Rate-of-turn indicator

Loran-C equipment

2000 HSC Code 13.3.2;

IMO Resolution A.824 (19) as amended by

IMO Resolution MSC 96(72);

IMO Resolution A.694 (17);

IMO Resolution A.694 (17);

IMO Resolution A.526 (13);

IEC 60945 (1996), IEC 61162.

IMO Resolution A.694 (17);

IMO Resolution A.818 (19);

IEC 61075 (1991), IEC 60945 (1996), IEC 61162.

A.1/4.9

A.1/4.11

Navigation and Vessel
Inspection
Circular NVIC 8-01, enclosure (4),
2/165.107.

Navigation and Vessel
Inspection
Circular NVIC 8-01, enclosure (4),
2/165.105.

Navigation and Vessel
Inspection
Circular NVIC 8-01, enclosure (4),
2/165.106.

Navigation and Vessel
Inspection
Circular NVIC 8-01, enclosure (4),
2/165.135.

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Product item identification

Applicable international instruments for construction, performance and testing require-
ments

EC technical regulations, item number
indicated in Annex A.1 of Directive
96/98/EC, as amended

US technical regulations

Chakya equipment

IMO Resolution A.694 (17);

IMO Resolution A.818 (19);

IEC 61075 (1991), IEC 60945 (1996), IEC 61162.

A.1/4.12

GPS equipment

IMO Resolution A.819 (19), IMO Resolution A.694 (17);

A.1/4.14

GLONASS equipment

IEC 60945 (1996), IEC 61108-1 (1994), IEC 61162.

IMO Resolution MSC 53 (66);

IMO Resolution A.694 (17);

IEC 61108-2 (1998), IEC 60945 (1996), IEC 61162.

Heading control system HCS

SOLAS V/24.1;

IMO Resolution A.342 (IX);

as amended by IMO Resolution MSC 64 (67) Annex 3;

IMO Resolution A.694 (17);

A.1/4.15

A.1/4.16

Automatic radar plotting aid (ARPA)

IMO Resolution A.823 (19);

A.1/4.34

(Radar equipment used with ARPA must have
separate EU and US certifications.)

IMO Resolution A.694 (17);

IEC 60872-1 (1998), IEC 61162.

Automatic tracking aid (ATA)

IMO Resolution MSC 64(67), Annex 4, Appendix 1;

A.1/4.35

(Radar equipment used with ATA must have sepa-
rate EU and US certifications.)

IMO Resolution A.694 (17);

IEC 60872-2 (1999), IEC 60945 (1996), IEC 61162.

Electronic plotting aid (EPA)

IMO Resolution MSC 64(67), Annex 4, Appendix 2;

A.1/4.36

(Radar equipment used with EPA must have sepa-
rate EU and US certifications.)

IMO Resolution A.694 (17);

IEC 60872-3 (2000), IEC 60945 (1996), IEC 61162.

Integrated bridge system

IMO Resolution MSC.64 (67) Annex 1;

A.1/4.28

Voyage datar (VDR)

IMO Resolution A.694 (17);

IEC 61209 (1999), IEC 60945 (1996), IEC 61162.

IMO Resolution A.861(20);

IMO Resolution A.694 (17);

IEC 61996 (2000), IEC 60945 (1996), IEC 61162.

A.1/4.29

Navigation and Vessel
Inspection
Circular NVIC 8-01, enclosure (4),
2/165.136.

Navigation and Vessel
Inspection
Circular NVIC 8-01, enclosure (4),
2/165.130.

Navigation and Vessel
Inspection
Circular NVIC 8-01, enclosure (4),
2/165.131.

Navigation and Vessel
Inspection
Circular NVIC 8-01, enclosure (4),
2/165.110.

Navigation and Vessel
Inspection
Circular NVIC 8-01, enclosure (4),
2/165.120.

Navigation and Vessel
Inspection
Circular NVIC 8-01, enclosure (4),
2/165.111.

Navigation and Vessel
Inspection
Circular NVIC 8-01, enclosure (4),
2/165.121.

Navigation and Vessel
Inspection
Circular NVIC 8-01, enclosure (4),
2/165.140.

Navigation and Vessel
Inspection
Circular NVIC 8-01, enclosure (4),
2/165.150.

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Product item identification

Applicable international instruments for construction, performance and testing require-
ments

EC technical regulations, item number
indicated in Annex A.1 of Directive
96/98/EC, as amended

US technical regulations

Gyro compass for high speed craft

IMO Resolution A.821 (19);

IMO Resolution A.694 (17);

ISO 16328 (2001), IEC 60945 (1996), IEC 61162.

Universal automatic identification system equip-
ment (AIS)

IMO Resolution MSC.74 (69) Annex 3;

IMO Resolution A.694 (17);

ITU R. M. 1371-1 (10/00)

Track control system

IMO Resolution MSC.74 (69) Annex 2;

IMO Resolution A.694 (17);

IEC 62065 (2002), IEC 60945 (1996), IEC 61162.

Radar reflector

IMO Resolution A.384 (X);

IEC 60945 (1996), ISO 8729 (1997).

A.1/4.31

A.1/4.32

A.1/4.33

A.1/4.39

Navigation and Vessel
Inspection
Circular NVIC 8-01, enclosure (4),
2/165.203.

Navigation and Vessel
Inspection
Circular NVIC 8-01, enclosure (4),
2/165.155.

In addition,

NOTE:
the radio trans-
mitter is required to be authorized by
the US
Communications
Commission

Federal

Navigation and Vessel
Inspection
Circular NVIC 8-01, enclosure (4),
2/165.112.

Navigation and Vessel
Inspection
Circular NVIC 8-01, enclosure (4),
2/165.160.

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L 185/34

EN

Official Journal of the European Union

24.5.2004

— European Community

Belgium

Denmark

Germany

Greece

Spain

France

Ireland

Italy

Luxembourg

The Netherlands

ANNEX III

REGULATORY AUTHORITIES

Ministère des communications et de l'infrastructure
Administration des affaires maritimes et de la navigation
Rue d'Arlon 104
B – 1040 Bruxelles

Ministerie voor Verkeer en Infrastructuur
Bestuur voor Maritieme Zaken en Scheepvaart
Aarlenstraat 104
B – 1040 Brussel

Søfartsstyrelsen
Vermundsgade 38 C
DK – 2100 København Ø

Bundesministerium für Verkehr,
Bau- und Wohnungswesen (BMVBW)
Invalidenstraße 44
D – 10115 Berlin

ΥΠΟΥΡΓΕΙΟ ΕΜΠΟΡΙΚΗΣ ΝΑΥΤΙΛΙΑΣ
Γρ.Λαµπράκη 150
GR – 185 18 Πειραιας

(Ministry of Merchant Marine
150,Gr. Lampraki str.
GR – 185 18 Piraeus)

Ministerio de Fomento
Dirección General de la Marina Mercante.
C/ Ruíz de Alarcón 1
ES-28071 Madrid

Ministère de l'équipement, du transport et du logement
Direction des affaires maritimes et des gens de mers
3, place de Fontenoy
F-75700 Paris

Maritime Safety Division
Department of the Marine and Natural Resources
Leeson Lane
Dublin 2

Ministero delle Infrastrutture e dei Trasporti
Unita di Gestione del trasporto maritimo
Via dell'arte, 16
IT – 00144 – Roma

Commissariat aux affaires maritimes
26 place de la Gare
L-1616 Luxembourg

Ministerie van Verkeer en Waterstaat
Directoraat-Generaal Goederenvervoer (DGG)
Directie Transportveiligheid
Nieuwe Uitleg 1,
Postbus 20904
NL-2500 EX Den Haag

24.5.2004

EN

Official Journal of the European Union

L 185/35

Austria

Portugal

Finland

Sweden

United Kingdom

Bundesministerium für Verkehr, Innovation und Technologie
Oberste Schiffahrtsbehörde
Abteilung II/20
Radetzkystrasse 2
A-1030 Wien

Ministério das Obras Públicas, Transportes e
Habitação
Palácio Penafiel
rua S. Mamede ao Caldas 21

Liikenne- ja viestintäministeriö / kommunikationsministeriet
PO Box 235
FIN-00131 Helsinki

Sjöfartsverket
S-601 78 Norrköping

Maritime and Coastguard Agency
Spring Place
105 Commercial Road
Southampton SO15 1EG

Commission of
nities

the European Commu-

Directorate General for Energy and Transport
Maritime Safety Unit
200, rue de la Loi
B-1049 Brussels

— United States of America

United States Coast Guard
Office of Design and Engineering
Standards (G-MSE)
2100 Second Street S.W.
Washington DC 20593