CELEX: 
Language: en
Date: 2004-04-30 00:00:00
Title: 2004/425/: 2004/425/EC:#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

L 150/42            EN                     Official Journal of the European Union                     30.4.2004
                                          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,
    Having regard to the Treaty establishing the European Community, and in particular Article 133 in
    conjunction with Article 300, paragraph 2, first subparagraph, first sentence, paragraph 3, first
    subparagraph, first sentence, and paragraph 4 thereof,
    Having regard to the proposal from the Commission,
 ---pagebreak--- 30.4.2004           EN                     Official Journal of the European Union                   L 150/43
   Whereas:
   (1)    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 Community, on 27 February 2004 subject to its conclusion.
   (2)    The appropriate internal procedures should be established 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 implementation.
   (3)    The Agreement should be approved,
   HAS DECIDED AS FOLLOWS:
 ---pagebreak--- L 150/44            EN                     Official Journal of the European Union                  30.4.2004
                                                      Article 1
    The Agreement between the European Community and the United States of America on the mutual
    recognition of certificates of conformity for marine equipment is hereby approved on behalf of the
    Community.
    The text of the Agreement is attached to this Decision.
                                                      Article 2
    The President of the Council is hereby authorised to designate the person(s) empowered to transmit,
    on behalf of the Community, the note provided for in Article 21(1) of the Agreement.
                                                      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 notifications,
    exchanges of information and requests for information specified in the Agreement.
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   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.
   3.     A decision relating to terminating the Agreement, 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
                                         ______________________
 ---pagebreak--- L 150/46 EN           Official Journal of the European Union 30.4.2004
                           AGREEMENT
            BETWEEN THE EUROPEAN COMMUNITY AND
               THE UNITED STATES OF AMERICA ON
                 THE MUTUAL RECOGNITION OF
                 CERTIFICATES OF CONFORMITY
                    FOR MARINE EQUIPMENT
 ---pagebreak--- 30.4.2004           EN                    Official Journal of the European Union                   L 150/47
                                                 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;
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    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 Establishing 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:
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                                                    CHAPTER 1
                                       DEFINITIONS AND PURPOSE
                                                     ARTICLE 1
                                                      Definitions
   1. The following terms and definitions shall apply to this 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
          Authorities 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 Assessment Bodies are those referred to in Article 6.
 ---pagebreak--- L 150/50            EN                     Official Journal of the European Union                    30.4.2004
    (c)  "Technical regulations" comprise the mandatory product requirements, testing and
         performance standards and conformity assessment procedures laid down in the legislative,
         regulatory and administrative provisions of the Parties related to marine equipment, as well as
         any applicable guidelines for their application.
    (d)  "Certificate of Conformity" means the document or documents issued by a Conformity
         Assessment Body of a Party certifying that a product fulfils the relevant legislative, regulatory
         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 certificates,
         approvals and declarations provided for by Directive 96/98/EC.
    (e)  "Equivalence of technical regulations" means that the technical 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 International Maritime Organisation (IMO), and the relevant testing
         standards.
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   2. Other terms concerning conformity assessment used in this Agreement shall have the meaning
   given elsewhere in this Agreement or in the definitions contained in Guide 2 (1996 edition) of the
   International Organization for Standardization (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
   1. This Agreement establishes the conditions under which the importing Party's Regulatory
   Authority shall accept the Certificates 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 recognition".
   2. This Agreement also lays down a framework for regulatory 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 consistent 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 to the evolution of the relevant International Instruments.
 ---pagebreak--- L 150/52             EN                     Official Journal of the European Union                   30.4.2004
    3. This Agreement is intended to evolve as programs and policies of the Parties evolve. The
    Parties will review this Agreement periodically, in order to assess progress and identify potential
    enhancements to this Agreement as US and EC policies 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, Certificates of Conformity issued by the EC Conformity
    Assessment Bodies in accordance with the legislative, regulatory and administrative provisions of
    the EC.
    2. With respect to each product listed in Annex II, the European Community and its Member
    States shall accept as complying with their own legislative, regulatory and administrative 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 legislative, regulatory and
    administrative provisions of the United States.
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   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.
                                                   ARTICLE 4
                                    Equivalence of Technical Regulations
   1. The mutual recognition obligations referred to in Article 3 are based on the determination by the
   Parties that the technical 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 relevant International Instruments in their respective legislation, 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.
 ---pagebreak--- L 150/54             EN                     Official Journal of the European Union                 30.4.2004
                                                    ARTICLE 5
                                                       Marking
    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
    1. For the purpose of issuing Certificates of Conformity in accordance with the provisions of this
    Agreement, the following shall apply:
    (a)   The US recognises the Notified Bodies that have been designated by the EC Member States
          under Directive 96/98/EC as Conformity Assessment Bodies;
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   (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.
   2. Each Party recognises that the Conformity Assessment 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 certification.
   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 identified standards,
   (b)    issuing Certificates of Conformity.
   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.
 ---pagebreak--- L 150/56             EN                     Official Journal of the European Union                  30.4.2004
    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 maintain a register of
    all sub-contracting. These details will be available to the other Party on request.
    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.
                                                   CHAPTER 3
                                            JOINT COMMITTEE
                                                    ARTICLE 7
                                                 Joint Committee
    1. The Parties hereby establish a Joint Committee consisting of representatives of each Party. The
    Joint Committee shall be responsible for the effective functioning of this Agreement.
    2. Each Party shall have one vote in the Joint Committee. The Joint Committee shall make its
    decisions by unanimity. The Joint Committee shall determine its own rules of procedure.
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   3. The Joint Committee may consider any matter relating to the effective functioning of this
   Agreement. The Joint 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 responsible for:
   (a)    developing and maintaining the list in Annex II of products and associated legislative,
          regulatory and administrative provisions that the Parties have determined to be equivalent;
   (b)    discussing issues and resolving problems that may arise concerning the implementation of this
          Agreement, including concerns that technical regulations of the Parties applicable to a
          specific product in Annex II may no longer be equivalent;
   (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 International
          Instruments;
   (d)    amending the Annexes;
   (e)    providing guidance and, if necessary, developing guidelines to facilitate the successful
          implementation and application of this Agreement;
 ---pagebreak--- L 150/58               EN                   Official Journal of the European Union                   30.4.2004
    (f)    establish and maintain a work plan for aligning and harmonising the technical requirements of
           the Parties;
    4. The Joint Committee may establish Joint Working Groups comprised of appropriate Regulatory
    Authorities' representatives and appropriate experts deemed necessary, in order to address and
    advise the Joint Committee on specific issues related to the functioning of this Agreement.
                                                   CHAPTER 4
                                       REGULATORY COOPERATION
                                                    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, regulatory and administrative measures, the level of protection it considers
    appropriate for enhancing safety at sea and improving the prevention of marine pollution, or
    otherwise act with regard to risks within the scope of this Agreement.
 ---pagebreak--- 30.4.2004           EN                      Official Journal of the European Union                      L 150/59
                                                    ARTICLE 9
                                 Exchange of Information and Contact Points
   1. The Regulatory Authorities of the Parties listed in Annex III will establish appropriate means of
   exchanging information on any regulatory problems concerning products subject to this Agreement.
   2. Each Party shall designate at 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, trade unions, regarding procedures,
   regulations, and other matters related to this Agreement. The Parties shall exchange, and make
   publicly available, lists of contact points.
   3. With regard to the exchange of information and notifications 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.
 ---pagebreak--- L 150/60             EN                      Official Journal of the European Union                     30.4.2004
                                                    ARTICLE 10
                                              Regulatory Changes
    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.
    2. Each Party shall notify the other Party of changes to technical regulations related to the subject
    matter of this Agreement at least 90 days before their entry into force. Where considerations of
    safety, health or environmental protection require more urgent action, a Party shall notify the other
    Party as soon as practicable.
    3. The Parties and their Regulatory Authorities shall inform 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, provisions listed
          in Annexes I and II;
    (b)   timely incorporation of amended or new international instruments into their respective
          legislation, regulations and administrative provisions; and
    (c)   the renewal of existing and valid Certificates of Conformity when the renewal is required by
          amended or new legislative, regulatory and/or administrative provisions.
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   The Parties will provide each other the opportunity to comment on such proposals.
   4. In the event of changes to the legislation, regulations, and 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 maintained, 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 discontinuance of mutual recognition, 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 recognize 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.
   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.
   5. The Parties shall make available on the World Wide Web an up-to-date version of Annex II.
 ---pagebreak--- L 150/62             EN                     Official Journal of the European Union                     30.4.2004
                                                   ARTICLE 11
                                            Regulatory Cooperation
    1. The Parties agree to cooperate in the IMO and other relevant international organisation such as
    the International Organization for Standardization (ISO), the International Electrotechnical
    Commission (IEC) and the International Telecommunications 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 technical 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 regulations 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 Instruments in pursuit of the objective of their domestic legislation to enhance
    safety at sea and improve the prevention of marine pollution.
 ---pagebreak--- 30.4.2004           EN                     Official Journal of the European Union                    L 150/63
   4. When the Parties have determined that equivalence can be established for a product and
   associated legislative, regulatory 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 conformity assessment issues shall consult as
   necessary to ensure the maintenance of confidence in conformity assessment procedures 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
   assessment activities or other assessment of Conformity Assessment Bodies.
   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.
 ---pagebreak--- L 150/64             EN                     Official Journal of the European Union                     30.4.2004
                                                   CHAPTER 5
                            SURVEILLANCE AND SAFEGUARD MEASURES
                                                   ARTICLE 13
                                Surveillance of Conformity Assessment Bodies
    1. The Parties shall ensure that their Conformity Assessment Bodies are capable and remain
    capable of properly assessing conformity of products or processes, according to the applicable
    legislation, regulations and administrative provisions. In this regard, the Parties shall maintain, or
    cause to maintain, ongoing surveillance, as applicable, over their conformity assessment bodies
    and/or recognised laboratories, by means of regular audit or assessment.
    2. In case a Party has objective reasons for contesting the technical competence of a Conformity
    Assessment Body of the other Party, it shall 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 contestation. 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 Conformity
    Assessment Body and refuse to recognise the Certificates of Conformity issued by the contested
    Conformity Assessment Body.
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                                                    ARTICLE 14
                                              Market Surveillance
   1. Nothing in this Agreement shall be construed to limit the 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 provisions within the scope of the
          Agreement; or
   (c)    otherwise fail to satisfy a requirement within the scope of the Agreement.
   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 prohibition on imports. If the Regulatory
   Authority takes such action, it shall inform the other Party no later than fifteen days after taking
   such action, providing its reasons for such action.
 ---pagebreak--- L 150/66               EN                   Official Journal of the European Union                    30.4.2004
    2. Nothing in this Agreement shall prevent the Parties from removing products from the market
    that do not in fact conform to a Party's technical regulations.
    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
    1. In case a Party considers that equivalence of technical 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 obligation 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.
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   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.
   3. Upon suspension of mutual recognition of technical regulations 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 recognize previously issued
   certificates of conformity 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
   The Parties will put into place a two-way alert system between their Regulatory Authorities in order
   to inform each other of products that have been found not to comply with applicable technical
   regulations or can pose an imminent danger to health, safety or the environment.
 ---pagebreak--- L 150/68            EN                     Official Journal of the European Union                   30.4.2004
                                                  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, information exchanged under this
    Agreement that constitutes trade secrets, confidential commercial or financial information, or
    information that relates to an ongoing investigation.
    2. A Party or a Conformity Assessment Body may, upon exchanging information with the other
    Party or with a Conformity 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.
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                                                   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 territories in which the Treaty establishing
   the European Community is applied, and under the conditions laid down in that Treaty and, on the
   other hand, to the territory of the United States.
   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.
 ---pagebreak--- L 150/70             EN                      Official Journal of the European Union                   30.4.2004
                                                    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.
    2. In view of furthering trade facilitation in marine equipment 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.
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   2. This Agreement may be amended as specified in Article 7 or by the Parties.
   3. Either Party may terminate this Agreement by giving the other Party six months notice in
   writing.
   4. Following termination of this Agreement, a Party shall 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 considerations or failure to satisfy other requirements within the scope of this
   Agreement.
                                                ARTICLE 22
                                              Final Provisions
   1. This Agreement shall not affect the rights and obligations of the Parties under any other
   international agreement.
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    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.
    3. This Agreement 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 interpretation, the English text shall be determinative.
 ---pagebreak--- 30.4.2004          EN                     Official Journal of the European Union               L 150/73
   Hecho en Washington D.C., el veintisiete de febrero del dos mil quatro.
   Udfærdiget i Washington D.C. den syvogtyvende februar to tusind og fire.
   Geschehen zu Washington D.C. am siebenundzwanzigsten Februar zweitausendundvier.
   ΄Εγινε στιν Ουάσιγκτον D. C., στις είκοσι εφτά Φεβρουαρίου δύο χιλιάδες τέσσερα.
   Done at Washington D.C. on the twenty-seventh day of February in the year two thousand and four.
   Fait à Washington D.C., le vingt-sept février deux mille quatre.
   Fatto a Washington D.C., addi' ventisette febbraio duemilaquattro.
   Gedaan te Washington D.C., de zevenentwintigste februari tweeduizendvier.
   Feito em Washington D.C., em vinte e sete de Fevereiro de dois mil e quatro.
   Tehty Washington D.C.:ssä kahdentenakymmenentenäseitsemäntenä päivänä helmikuuta vuonna
   kaksituhattaneljä.
   Som skedde i Washington D.C. den tjugosjunde februari tjugohundrafyra.
 ---pagebreak--- L 150/74 EN Official Journal of the European Union 30.4.2004 ---pagebreak--- 30.4.2004         EN                     Official Journal of the European Union                  L 150/75
                                                                                          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
 ---pagebreak--- L 150/76               EN                       Official Journal of the European Union                             30.4.2004
                                                                                                           ANNEX II
                                    Product Coverage For Mutual Recognition
    Life saving appliances
    Product item identification  Applicable international instruments for             EC technical      US technical
                                 construction, performance and testing                regulations, item regulations
                                 requirements 1                                       number indicated
                                                                                      in Annex A.1 of
                                                                                      Directive
                                                                                      96/98/EC, as
                                                                                      amended
    Lifebuoy self-activating     LSA Code, sections 1.2, and 2.1.3;                   A.1/1.3           Guidelines for
    smoke signals                Recommendation on Testing, Part 1,                                     Approval of
    (pyrotechnics)               paragraphs 4.1 to 4.5, and 4.8, and Part 2,                            "SOLAS"
                                 section 4;                                                             Pyrotechnic Devices,
    Note: Expiration date not to IMO MSC Circ.980, section 3.3.                                         October 1998
    exceed 48 months after
    month of manufacture.
    Rocket parachute flares      LSA Code, sections 1.2, and 3.1;                     A.1/1.8           Guidelines for
    (pyrotechnics)               Recommendation on Testing, Part 1,                                     Approval of
                                 paragraphs 4.1 to 4.6, and Part 2, section 4;                          "SOLAS"
    Note: Expiration date not to IMO MSC Circ.980, section 3.1.                                         Pyrotechnic Devices,
    exceed 48 months after                                                                              October 1998
    month of manufacture.
    Hand flares (pyrotechnics)   LSA Code, sections 1.2, and 3.2;                     A.1/1.9           Guidelines for
                                 Recommendation on Testing, Part 1,                                     Approval of
    Note: Expiration date not to paragraphs 4.1 to 4.5, and 4.7, and Part 2,                            "SOLAS"
    exceed 48 months after       section 4;                                                             Pyrotechnic Devices,
    month of manufacture.        IMO MSC Circ.980, section 3.2.                                         October 1998
    Buoyant smoke signals        LSA Code, sections 1.2, and 3.3;                     A.1/1.10          Guidelines for
    (pyrotechnics)               Recommendation on Testing, Part 1,                                     Approval of
                                 paragraphs 4.1 to 4.5, and 4.8; and Part 2,                            "SOLAS"
    Note: Expiration date not to section 4;                                                             Pyrotechnic Devices,
    exceed 48 months after       IMO MSC Circ.980, section 3.3.                                         October 1998
    month of manufacture.
    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).
 ---pagebreak--- 30.4.2004               EN                       Official Journal of the European Union                              L 150/77
   Product item identification    Applicable international instruments for             EC technical      US technical
                                  construction, performance and testing                regulations, item regulations
                                  requirements                                         number indicated
                                                                                       in Annex A.1 of
                                                                                       Directive
                                                                                       96/98/EC, as
                                                                                       amended
   Line-throwing appliances       LSA Code, sections 1.2, and 7.1;                     A.1/1.11          Guidelines for
   (pyrotechnics)                 Recommendation on Testing, Part 1, section 9;                          Approval of
                                  and Part 2, section 4;                                                 "SOLAS"
   Note: Expiration date not to   IMO MSC Circ.980, section 7.1.                                         Pyrotechnic Devices,
   exceed 48 months after                                                                                October 1998
   month of manufacture.
   Rigid liferafts                LSA Code, sections 1.2, 4.1 and 4.3;                 A.1/1.13          Rigid Liferaft –
                                  Recommendation on Testing, Part 1,                                     Coast Guard (G-
   Note: The emergency pack       paragraphs 5.1 to 5.16, and 5.20;                                      MSE-4) Review
   is not covered by the          IMO MSC Circ.811;                                                      Checklist, 27 July
   Agreement                      IMO MSC Circ.980, section 4.2;                                         1998
                                  IMO MSC Circ.1006 or other appropriate
                                  standard for hull or fire-retardant covering.
   Automatically self-righting    LSA Code, sections 1.2, 4.1 and 4.3;                 A.1/1.14          Rigid Liferaft –
   rigid liferafts                Recommendation on Testing, Part 1,                                     Coast Guard (G-
                                  paragraphs 5.1 to 5.16, and 5.18 to 5.21;                              MSE-4) Review
                                  IMO MSC Circ.809;                                                      Checklist, 27 July
                                  IMO MSC Circ.811;                                                      1998
   Note: The emergency pack
   is not covered by the          IMO MSC Circ.980, section 4.2;
   Agreement                      IMO MSC Circ.1006 or other appropriate
                                  standard for hull or fire-retardant covering.
   Canopied reversible rigid      LSA Code, sections 1.2, 4.1 and 4.3;                 A.1/1.15          Rigid Liferaft –
   liferafts                      Recommendation on Testing, Part 1,                                     Coast Guard (G-
                                  paragraphs 5.1 to 5.16, 5,18, and 5.21;                                MSE-4) Review
                                  IMO MSC Circ.809;                                                      Checklist, 27 July
                                  IMO MSC Circ.811;                                                      1998
   Note: The emergency pack
   is not covered by the          IMO MSC Circ.980, section 4.2;
   Agreement                      IMO MSC Circ.1006 or other appropriate
                                  standard for hull or fire-retardant covering.
   Float-free arrangements for    LSA Code, sections 1.2 and 4.1.6.3;                  A.1/1.16          46 CFR 160.062
   liferafts (hydrostatic release Recommendation on Testing, Part 1, section
   units)                         11;
                                  IMO MSC Circ.980, section 4.3.1;
   Product item identification    Applicable international instruments for             EC technical      US technical
                                  construction, performance and testing                regulations, item regulations
                                  requirements                                         number indicated
                                                                                       in Annex A.1 of
                                                                                       Directive
                                                                                       96/98/EC, as
                                                                                       amended
 ---pagebreak--- L 150/78                EN                     Official Journal of the European Union                     30.4.2004
    Release mechanism for       LSA Code, sections 1.2 and 6.1.5;                    A.1/1.26 (Nothing in addition
       (a) Lifeboats and rescue Recommendation on Testing, Part 1, section                    to international
            boats and           8.2;                                                          instruments)
       (b) Liferafts            and Part 2, paragraphs 6.2.1 through 6.2.4;
    Launched by a fall or falls IMO MSC Circ.980, section 6.1.3.
    Limited to Davit-launched
    liferaft automatic release
    hook
    Marine evacuation systems   LSA Code, sections 1.2 and 6.2;                      A.1/1.27 (Nothing in addition
                                Recommendation on Testing, Part 1, section                    to international
                                12,                                                           instruments)
                                IMO MSC Circ.980, section 6.2.
 ---pagebreak--- 30.4.2004               EN                    Official Journal of the European Union                               L 150/79
   Fire protection
   Product item identification Applicable international instruments for             EC technical      US technical
                               construction, performance and testing                regulations, item regulations
                               requirements                                         number indicated
                                                                                    in Annex A.1 of
                                                                                    Directive
                                                                                    96/98/EC, as
                                                                                    amended
   Primary deck coverings      FTP Code Annex 1, Parts 2 & 6, Annex 2;              A.1/3.1           (Nothing in addition
                               IMO Resolution A.687(17);                                              to international
                               MSC/Circ. 916;                                                         instruments)
                               MSC/Circ. 1004.
   "A" and "B" Class division  SOLAS II-2/3.2; II-2/3.4;                            A.1/3.11          (Nothing in addition
   fire integrity, including:  FTP Code Annex 1, Part 3, and Annex 2;                                 to international
   Bulkheads (without          IMO Resolution A.754 (18);                                             instruments)
   windows)                    MSC/Circ.916;
   Decks                       MSC/Circ.1004;
   Fire doors (with windows    MSC/Circ.1005.
   no larger than 645 cm2)
   Ceilings and linings
   Non-combustible materials   SOLAS II-2/3.33;                                     A.1/3.13          (Nothing in addition
                               FTP Code Annex 1, Part 1, and Annex 2.                                 to international
                                                                                                      instruments)
   Fire doors                  SOLAS II-2/9.4.1.1.2, II-2/9.4.1.2.1, and            A.1/3.16          (Nothing in addition
                               II-2/9.4.2;                                                            to international
   Limited to fire doors       FTP Code Annex 1, Part 3;                                              instruments)
   without windows or with     IMO Resolution A.754 (18);
   total window area no more   MSC/Circ. 916;
   than 645 cm2 in each door   MSC/Circ. 1004.
   leaf.
   Approval limited to
   maximum door size tested.
   Doors must be used with a
   fire tested frame design.
   Fire door control systems   SOLAS II-2/9.4.1.1.4;                                A.1/3.17          (Nothing in addition
                               1994 HSC Code 7.9.3.3;                                                 to international
                               2000 HSC Code 7.9.3.3;                                                 instruments)
                               FTP Code Annex 1, Part 4.
   Surface materials and floor SOLAS II-2/3.29;                                     A.1/3.18          (Nothing in addition
   coverings with low flame-   1994 HSC Code 7.4.3.4.1 and 7.4.3.6;                                   to international
   spread characteristics      2000 HSC Code 7.4.3.4.1 and 7.4.3.6;                                   instruments)
                               FTP Code, Annex 1, Parts 2 & 5, and Annex
   Limited to exposed surfaces 2;
   of ceilings, walls, and     IMO Resolution A.653 (16);
   floors. Does not apply to   ISO 1716 (1973);
   pipes, pipe coverings, or   MSC/Circ. 916, MSC/Circ. 1004 and
   cables.                     MSC/Circ. 1008.
   Draperies, curtains and     SOLAS II-2/3.40.3;                                   A.1/3.19          (Nothing in addition
   other suspended textile     FTP Code Annex 1, Part 7.                                              to international
   materials and films                                                                                instruments)
   Upholstered furniture       FTP Code Annex 1, Part 8;                            A.1/3.20          (Nothing in addition
                               IMO Resolution A.652 (16).                                             to international
                                                                                                      instruments)
   Bedding components          FTP Code Annex 1, Part 9;                            A.1/3.21          (Nothing in addition
                               IMO Resolution A.688 (17).                                             to international
                                                                                                      instruments)
 ---pagebreak--- L 150/80                 EN                     Official Journal of the European Union                              30.4.2004
    Product item identification  Applicable international instruments for             EC technical      US technical
                                 construction, performance and testing                regulations, item regulations
                                 requirements                                         number indicated
                                                                                      in Annex A.1 of
                                                                                      Directive
                                                                                      96/98/EC, as
                                                                                      amended
    Fire dampers                 SOLAS II-2/9.4.1.1.8, and II-2/9.7.3.1.2;            A.1/3.22          (Nothing in addition
                                 FTP Code Annex 1, Part 3;                                              to international
                                 IMO Resolution A.754 (18);                                             instruments)
                                 MSC/Circ. 916.
    Penetrations through ‘A’     SOLAS II-2/9.3.1;                                    A.1/3.26          (Nothing in addition
    class divisions by electric  FTP Code Annex 1, Part 3;                                              to international
    cables, pipes, trunks, ducts IMO Resolution A.754 (18);                                             instruments)
    etc.
                                 MSC/Circ. 916, and MSC/Circ. 1004.
    Penetrations through ‘B’     SOLAS II-2/9.3.2.1;                                  A.1/3.27          (Nothing in addition
    class divisions by pipes     FTP Code Annex 1, Part 3;                                              to international
    other than steel or copper   IMO Resolution A.754 (18);                                             instruments)
                                 MSC/Circ. 916, and MSC/Circ. 1004.
 ---pagebreak--- 30.4.2004             EN                      Official Journal of the European Union                               L 150/81
   Navigation equipment
   Product item identification Applicable international instruments for             EC technical      US technical
                               construction, performance and testing                regulations, item regulations
                               requirements                                         number indicated
                                                                                    in Annex A.1 of
                                                                                    Directive
                                                                                    96/98/EC, as
                                                                                    amended
   Magnetic compass            SOLAS V/19.2.1.1;                                    A.1/4.1           Navigation and
                               IMO Resolution A.382 (X),;                                             Vessel Inspection
                               IMO Resolution A.694 (17);                                             Circular NVIC 8-01,
                               ISO 449 (1997), ISO 694 (2000),                                        enclosure (4),
                               ISO 1069 (1973), ISO 2269 (1992),                                      2/165.101.
                               IEC 60945 (1996).
   Transmitting magnetic       IMO Resolution MSC 86 (70) annex 2;                  A.1/4.2           Navigation and
   heading device (TMHD)       IMO Resolution A.694 (17);                                             Vessel Inspection
                               ISO 11606 (2000), IEC 60945 (1996),                                    Circular NVIC 8-01,
                               IEC 61162.                                                             enclosure (4),
                                                                                                      2/165.102.
   Gyro compass                IMO Resolution A.424 (XI);                           A.1/4.3           Navigation and
                               IMO Resolution A.694 (17);                                             Vessel Inspection
                               ISO 8728 (1997), IEC 60945 (1996),                                     Circular NVIC 8-01,
                               IEC 61162.                                                             enclosure (4),
                                                                                                      2/165.103.
   Echo-sounding equipment     IMO Resolution A.224 (VII) as amended by             A.1/4.6           Navigation and
                               IMO Resolution MSC74 (69) Annex 4,                                     Vessel Inspection
                               IMO Resolution A.694 (17);                                             Circular NVIC 8-01,
                               ISO 9875 (2000), IEC 60945 (1996),                                     enclosure (4),
                               IEC 61162.                                                             2/165.107.
   Speed and distance          1994 HSC Code 13.3.2;                                A.1/4.7           Navigation and
   measuring equipment         2000 HSC Code 13.3.2;                                                  Vessel Inspection
   (SDME)                      IMO Resolution A.824 (19) as amended by                                Circular NVIC 8-01,
                                                                                                      enclosure (4),
                               IMO Resolution MSC 96(72);
                                                                                                      2/165.105.
                               IMO Resolution A.694 (17);
                               IEC 60945 (1996), IEC 61023 (1999),
                               IEC 61162.
   Rate-of-turn indicator      IMO Resolution A.694 (17);                           A.1/4.9           Navigation and
                               IMO Resolution A.526 (13);                                             Vessel Inspection
                               IEC 60945 (1996), IEC 61162.                                           Circular NVIC 8-01,
                                                                                                      enclosure (4),
                                                                                                      2/165.106.
   Loran-C equipment           IMO Resolution A.694 (17);                           A.1/4.11          Navigation and
                               IMO Resolution A.818 (19);                                             Vessel Inspection
                               IEC 61075 (1991), IEC 60945 (1996),                                    Circular NVIC 8-01,
                               IEC 61162.                                                             enclosure (4),
                                                                                                      2/165.135.
   Chakya equipment            IMO Resolution A.694 (17);                           A.1/4.12          Navigation and
                               IMO Resolution A.818 (19);                                             Vessel Inspection
                               IEC 61075 (1991), IEC 60945 (1996),                                    Circular NVIC 8-01,
                               IEC 61162.                                                             enclosure (4),
                                                                                                      2/165.136.
   GPS equipment               IMO Resolution A.819 (19), IMO Resolution            A.1/4.14          Navigation and
                               A.694 (17);                                                            Vessel Inspection
                               IEC 60945 (1996), IEC 61108-1 (1994),                                  Circular NVIC 8-01,
                               IEC 61162.                                                             enclosure (4),
                                                                                                      2/165.130.
 ---pagebreak--- L 150/82                EN                     Official Journal of the European Union                              30.4.2004
    Product item identification Applicable international instruments for             EC technical      US technical
                                construction, performance and testing                regulations, item regulations
                                requirements                                         number indicated
                                                                                     in Annex A.1 of
                                                                                     Directive
                                                                                     96/98/EC, as
                                                                                     amended
    GLONASS equipment           IMO Resolution MSC 53 (66);                          A.1/4.15          Navigation and
                                IMO Resolution A.694 (17);                                             Vessel Inspection
                                IEC 61108-2 (1998), IEC 60945 (1996),                                  Circular NVIC 8-01,
                                IEC 61162.                                                             enclosure (4),
                                                                                                       2/165.131.
    Heading Control System      SOLAS V/24.1;                                        A.1/4.16          Navigation and
    HCS                         IMO Resolution A.342 (IX);                                             Vessel Inspection
                                as amended by IMO Resolution MSC 64 (67)                               Circular NVIC 8-01,
                                Annex 3;                                                               enclosure (4),
                                IMO Resolution A.694 (17);                                             2/165.110.
                                ISO 11674 (2000), IEC 60945 (1996),
                                IEC 61162.
    Automatic Radar Plotting    IMO Resolution A.823 (19);                           A.1/4.34          Navigation and
    Aid (ARPA)                   IMO Resolution A.694 (17);                                            Vessel Inspection
                                IEC 60872-1 (1998), IEC 61162.                                         Circular NVIC 8-01,
    (Radar equipment used with                                                                         enclosure (4),
    ARPA must have separate                                                                            2/165.120.
    EU and US certifications.)
    Automatic Tracking Aid      IMO Resolution MSC 64(67), Annex 4,                  A.1/4.35          Navigation and
    (ATA)                       Appendix 1;                                                            Vessel Inspection
                                IMO Resolution A.694 (17);                                             Circular NVIC 8-01,
    (Radar equipment used with  IEC 60872-2 (1999), IEC 60945 (1996),                                  enclosure (4),
    ATA must have separate      IEC 61162.                                                             2/165.111.
    EU and US certifications.)
     Electronic Plotting Aid    IMO Resolution MSC 64(67), Annex 4,                  A.1/4.36          Navigation and
     (EPA)                      Appendix 2;                                                            Vessel Inspection
                                IMO Resolution A.694 (17);                                             Circular NVIC 8-01,
    (Radar equipment used with  IEC 60872-3 (2000), IEC 60945 (1996),                                  enclosure (4),
    EPA must have separate EU   IEC 61162.                                                             2/165.121.
    and US certifications.)
    Integrated bridge system    IMO Resolution MSC.64 (67) Annex 1;                  A.1/4.28          Navigation and
                                IMO Resolution A.694 (17);                                             Vessel Inspection
                                IEC 61209 (1999), IEC 60945 (1996),                                    Circular NVIC 8-01,
                                IEC 61162.                                                             enclosure (4),
                                                                                                       2/165.140.
    Voyage Data Recorder        IMO Resolution A.861(20);                            A.1/4.29          Navigation and
    (VDR)                       IMO Resolution A.694 (17);                                             Vessel Inspection
                                IEC 61996 (2000), IEC 60945 (1996),                                    Circular NVIC 8-01,
                                IEC 61162.                                                             enclosure (4),
                                                                                                       2/165.150.
    Gyro compass for high       IMO Resolution A.821 (19);                           A.1/4.31          Navigation and
    speed craft                 IMO Resolution A.694 (17);                                             Vessel Inspection
                                ISO 16328 (2001), IEC 60945 (1996),                                    Circular NVIC 8-01,
                                IEC 61162.                                                             enclosure (4),
                                                                                                       2/165.203.
 ---pagebreak--- 30.4.2004              EN                     Official Journal of the European Union                                L 150/83
   Product item identification Applicable international instruments for             EC technical      US technical
                               construction, performance and testing                regulations, item regulations
                               requirements                                         number indicated
                                                                                    in Annex A.1 of
                                                                                    Directive
                                                                                    96/98/EC, as
                                                                                    amended
   Universal Automatic         IMO Resolution MSC.74 (69) Annex 3;                  A.1/4.32          Navigation and
   Identification System       IMO Resolution A.694 (17);                                             Vessel Inspection
   equipment (AIS)             ITU R. M. 1371-1 (10/00)                                               Circular NVIC 8-01,
                               IEC 61993-2 (2002), IEC 60945 (1996), IEC                              enclosure (4),
                               61162                                                                  2/165.155.
                                                                                                      NOTE: In addition,
                                                                                                      the radio transmitter
                                                                                                      is required to be
                                                                                                      authorized by the US
                                                                                                      Federal
                                                                                                      Communications
                                                                                                      Commission
   Track control system        IMO Resolution MSC.74 (69) Annex 2;                  A.1/4.33          Navigation and
                               IMO Resolution A.694 (17);                                             Vessel Inspection
                               IEC 62065 (2002), IEC 60945 (1996),                                    Circular NVIC 8-01,
                               IEC 61162.                                                             enclosure (4),
                                                                                                      2/165.112.
   Radar reflector             IMO Resolution A.384 (X);                            A.1/4.39          Navigation and
                               IEC 60945 (1996), ISO 8729 (1997).                                     Vessel Inspection
                                                                                                      Circular NVIC 8-01,
                                                                                                      enclosure (4),
                                                                                                      2/165.160.
 ---pagebreak--- L 150/84          EN                  Official Journal of the European Union            30.4.2004
                                                                                    ANNEX III
                                      Regulatory Authorities
    –       European Community
    Belgium                    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
    Denmark                    Søfartsstyrelsen
                               Vermundsgade 38 C
                               DK – 2100 København Ø
    Germany                    Bundesministerium für Verkehr,
                               Bau- und Wohnungswesen (BMVBW)
                               Invalidenstraße 44
                               D – 10115 Berlin
    Greece                     ΥΠΟΥΡΓΕΙΟ ΕΜΠΟΡΙΚΗΣ ΝΑΥΤΙΛΙΑΣ
                               Γρ.Λαµπράκη 150
                               GR – 185 18 Πειραιας
                               (Ministry of Merchant Marine
                               150,Gr. Lampraki str.
                               GR – 185 18 Piraeus)
    Spain                      Ministerio de Fomento
                               Dirección General de la Marina Mercante.
                               C/ Ruíz de Alarcón 1
                               ES-28071 Madrid
    France                     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
    Ireland                    Maritime Safety Division
                               Department of the Marine and Natural Resources
                               Leeson Lane
                               IRL – Dublin 2
    Italy                      Ministero delle Infrastrutture e dei Trasporti
                               Unita di Gestione del trasporto maritimo
                               Via dell'arte, 16
 ---pagebreak--- 30.4.2004        EN                  Official Journal of the European Union L 150/85
                              IT – 00144 – Roma
   Luxembourg                 Commissariat aux affaires maritimes
                              26 place de la Gare
                              L-1616 Luxembourg
   The Netherlands            Ministerie van Verkeer en Waterstaat
                              Directoraat-Generaal Goederenvervoer (DGG)
                              Directie Transportveiligheid
                              Nieuwe Uitleg 1,
                              Postbus 20904
                              NL-2500 EX Den Haag
   Austria                    Bundesministerium für Verkehr, Innovation und
                              Technologie
                              Oberste Schiffahrtsbehörde
                              Abteilung II/20
                              Radetzkystrasse 2
                              A-1030 Wien
   Portugal                   Ministério das Obras Públicas, Transportes e
                              Habitação
                              Palácio Penafiel
                              rua S. Mamede ao Caldas 21
                              P – 1149-050 Lisboa
   Finland                    Liikenne- ja viestintäministeriö /
                              kommunikationsministeriet
                              PO Box 235
                              FIN-00131 Helsinki
   Sweden                     Sjöfartsverket
                              S-601 78 Norrköping
   United Kingdom             Maritime and Coastguard Agency
                              Spring Place
                              105 Commercial Road
                              UK – Southampton SO15 1EG
   Commission of the European Directorate General for Energy and Transport
   Communities                Maritime Safety Unit
                              200, rue de la Loi
                              B-1049 Brussels
 ---pagebreak--- L 150/86           EN                    Official Journal of the European Union 30.4.2004
    –      United States of America
    United States Coast Guard
    Office of Design and Engineering Standards (G-MSE)
    2100 Second Street S.W.
    Washington DC 20593