REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL on the exercise of power to adopt delegated acts conferred on the Commission under Directive 2014/90/EU of the European Parliament and of the Council of 23 July 2014 on marine equipment
Date: 2019-02-01
Institutions: Directorate-General for Mobility and Transport, European Commission
Subjects: delegated legislation, marine pollution, maritime safety, powers of the institutions (EU), prevention of pollution, safety standard, technical specification, technical standard, vessel

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   EUROPEAN COMMISSION  Brussels, 1.2.2019  COM(2019) 34 final  REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL on the exercise of power to adopt delegated acts conferred on the Commission under Directive 2014/90/EU of the European Parliament and of the Council of 23 July 2014 on marine equipment  
 
 
REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND 
THE COUNCIL 

on the exercise of the power to adopt delegated acts conferred on the Commission under 
Directive 2014/90/EU of the European Parliament and of the Council of 23 July 2014 on 
marine equipment 

1. 

BACKGROUND 

Article  37(1)  of  Directive  2014/90/EU  of  the  European  Parliament  and  of  the 
Council  of  23  July  2014  on  marine  equipment1  confers  on  the  Commission  the 
power  to  adopt  delegated  acts  subject  to  the  conditions  laid  down  in  the  article. 
Under Article 37(2) of the Directive, the power to adopt delegated acts is conferred 
for  a  period  of  five  years  from  17 September 2014.  The  period  ends  on 
17 September 2019. The Commission is authorised in accordance with Article 37 to 
adopt delegated acts referred to in Articles 8, 11, 27 and 36 of the Directive. 

These delegated acts may concern: 

  Article  8:  the  adoption  of  harmonised  technical  specifications  and  testing 

standards  

  in the absence of an international standard and 
  due to a serious weakness or anomaly in an existing standard 

for a specific item of marine equipment in exceptional circumstances where 
duly justified by an appropriate analysis and in order to remove a serious and 
unacceptable  threat  to  maritime  safety,  to  health  or  to  the  environment  and 
taking into account any ongoing work at IMO level. 

  Article 11: the identification of specific items of marine equipment which can 

benefit from an electronic tagging. 

  Article 27: interim harmonised requirements and testing standards for specific 
items of marine equipment subject to an EU safeguard procedure where the 
non-compliance of the marine equipment is attributed to shortcomings in the 
testing standards. 

  Article  36:  updates  of  the  references  to  standards  contained  in  Annex  III 
dealing with the requirements to be met by conformity assessment bodies in 
order to become notified bodies (currently EN ISO/IEC 17065:2012 and EN 
ISO/IEC 17025/2005). 

In  accordance  with  Article  37(2)  of  Directive  2014/90/EU,  the  Commission  must 
draw up a  report on the  delegation of power not  later than nine months before the 
end  of  the  five-year  period.  The  delegation  of  power  is  to  be  tacitly  extended  for 
periods  of  an  identical  duration,  unless  the  European  Parliament  or  the  Council 
opposes such extension not later than three months before the end of each period.  

1 OJ L 257, 28.08.2014, p. 168. 

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2. 

COMMISSION  EXERCISE  OF  DELEGATED  POWERS  UNDER  DIRECTIVE  2014/90/EU 
OF  THE  EUROPEAN  PARLIAMENT  AND  OF  THE  COUNCIL  OF  23  JULY  2014  ON 
MARINE EQUIPMENT  

The Commission has exercised the power to adopt delegated acts conferred on it by 
Directive 2014/90/EU once during the reporting period. 

The  adopted  act  is  the  Commission  Delegated  Regulation  (EU)  2018/414  of  9 
January 2018 supplementing Directive 2014/90/EU of the European Parliament and 
of  the  Council  as  regards  the  identification  of  specific  items  of  marine  equipment 
which can benefit from electronic tagging. 

It  was  adopted  in  accordance  with  Article  11  of  the  Marine  Equipment  Directive. 
This  identification  of  marine  equipment  which  can  benefit  from  electronic  tagging 
was  necessary  in  order  to  enable  the  voluntary  use  of  electronic  tags  by  economic 
operators,  to  facilitate  market  surveillance  and  to  prevent  the  counterfeiting  of 
specific items of marine equipment. 

3. 

CONCLUSIONS 

The Commission sees the need to extend the empowerment because of the need to 
supplement or amend respective provisions of the Directive to a constantly changing 
list of marine equipment items falling into the scope of the Directive (Article 11), to 
updated international standards linked to the requirements to be met by conformity 
assessment  bodies    (Article  36)  and  in  order  to  remove  serious  and  unacceptable 
threats to maritime safety, to health or to the environment within a short time span 
should this become necessary (Articles 8 and 27). 

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