CELEX: 32018R0414
Language: en
Date: 2018-01-09 00:00:00
Title: 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 (Text with EEA relevance. )

19.3.2018   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               L 75/3
            
         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
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Directive 2014/90/EU of the European Parliament and of the Council of 23 July 2014 on marine equipment and repealing Council Directive 96/98/EC (1), and in particular Article 11(3) thereof,
   Whereas:
   
               (1)
            
            
               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, Directive 2014/90/EU confers powers to the Commission to adopt delegated acts in order to identify specific items of marine equipment which can benefit from electronic tagging.
            
         
               (2)
            
            
               It is important to ensure that the objectives of Directive 2014/90/EU are achieved uniformly throughout the Member States. This is achieved by adopting a Regulation, offering legal certainty for all stakeholders, including marine equipment manufacturers, competent authorities and ship builders and operators. The form of a Regulation ensures a coherent framework for all market operators and is the best possible guarantee for a level playing field and uniform conditions of competition. Furthermore it ensures the direct applicability of the list of specific marine equipment which can benefit from electronic tagging. The recourse to a regulation allows, in addition, to avoid the administrative burden for Member State administrations as it requires no further transposition at national level.
            
         
               (3)
            
            
               In accordance with Directive 2014/90/EU the Commission should carry out a cost-benefit analysis concerning the use of electronic tags as a supplement to or a replacement of the wheel mark.
            
         
               (4)
            
            
               The cost-benefit analysis demonstrated that, due to the electronic tagging of marine equipment, manufacturers should benefit from an improved prevention of counterfeiting, shipowners and operators should be able to carry out equipment traceability and stock control more easily and market surveillance authorities should benefit from direct and easy access to the relevant databases, which will improve the validation checks of certificates.
            
         
               (5)
            
            
               The cost-benefit analysis concluded that overall investments will be low compared to the expected benefits and that costs for authorities and industry are affordable because of a possible stepwise voluntary implementation. Through further investments by the private and public sector additional benefits can be realised.
            
         
               (6)
            
            
               Within the context of the cost-benefit analysis the Commission carried out several consultations, workshops and demonstration projects with Member State's experts and stakeholders.
            
         
               (7)
            
            
               During those consultations stakeholders agreed that it could be technically feasible to tag equipment placed or to be placed on board an EU ship and for which the approval of the flag state administration is required by the international instruments defined in Article 2 of Directive 2014/90/EU by using different methods of tagging. Therefore such equipment should be able to benefit from electronic tagging,
            
         HAS ADOPTED THIS REGULATION:
   Article 1
   The specific items of marine equipment listed in the Annex of this Regulation may benefit from electronic tagging.
   Article 2
   This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
   
      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 9 January 2018.
      
         
            For the Commission
         
         
            The President
         
         Jean-Claude JUNCKER
      
   
   
      (1)  OJ L 257, 28.8.2014, p. 146.
   
      ANNEX
      The items in this list can benefit from electronic tagging:
      1.   Lifesaving appliances
      
      Number and item designation
      MED/1.1
      Lifebuoys
      MED/1.2a
      Position-indicating lights for lifesaving appliances:
      
                  (a)
               
               
                  for survival craft and rescue boats;
               
            
                  (b)
               
               
                  for lifebuoys;
               
            
                  (c)
               
               
                  for lifejackets.
               
            MED/1.3
      Lifebuoys self-activating smoke signals
      MED/1.4
      Lifejackets
      MED/1.5
      Immersion suits and anti-exposure suits designed to be worn in conjunction WITH a lifejacket:
      
                  (a)
               
               
                  immersion suit without inherent insulation;
               
            
                  (b)
               
               
                  immersion suit with inherent insulation;
               
            
                  (c)
               
               
                  anti exposure suits.
               
            MED/1.6
      Immersion suits and anti-exposure suits designed to be worn WITHOUT a lifejacket:
      
                  (a)
               
               
                  immersion suit without inherent insulation;
               
            
                  (b)
               
               
                  immersion suit with inherent insulation;
               
            
                  (c)
               
               
                  anti exposure suits.
               
            MED/1.7
      Thermal protective aids
      MED/1.8
      Rocket parachute flares (pyrotechnics)
      MED/1.9
      Hand flares (pyrotechnics)
      MED/1.10
      Buoyant smoke signals (pyrotechnics)
      MED/1.11
      Line-throwing appliances
      MED/1.12
      Inflatable liferafts
      MED/1.13
      Rigid liferafts
      MED/1.14
      Automatically self-righting liferafts
      MED/1.15
      Canopied reversible liferafts
      MED/1.16
      Float-free arrangements for liferafts (hydrostatic release units)
      MED/1.17
      Lifeboats:
      
                  (a)
               
               
                  davit-launched lifeboats:
                  
                              —
                           
                           
                              partially enclosed,
                           
                        
                              —
                           
                           
                              totally enclosed;
                           
                        
            
                  (b)
               
               
                  free-fall lifeboats.
               
            MED/1.18
      Rigid rescue boats
      MED/1.19
      Inflated rescue boats
      MED/1.20
      Fast rescue boats:
      
                  (a)
               
               
                  inflated;
               
            
                  (b)
               
               
                  rigid;
               
            
                  (c)
               
               
                  rigid-inflated.
               
            MED/1.21
      Launching appliances using falls (davits)
      MED/1.23
      Launching appliances for free-fall lifeboats
      MED/1.24
      Liferaft launching appliances
      (davits)
      MED/1.25
      Fast rescue boat launching appliances
      (davits)
      MED/1.26
      Release mechanism for:
      
                  (a)
               
               
                  lifeboats and rescue boats (launched by a fall or falls);
               
            
                  (b)
               
               
                  liferafts (launched by a fall or falls);
               
            
                  (c)
               
               
                  free-fall lifeboats.
               
            MED/1.27
      Marine evacuation systems
      MED/1.28
      Means of rescue
      MED/1.29
      Embarkation ladders
      MED/1.30
      Retro-reflective materials
      MED/1.33
      Radar reflector for lifeboats and rescue boats
      (passive)
      MED/1.36
      Lifeboat/rescue boat propulsion engine
      MED/1.37
      Rescue boat propulsion engine — outboard motor
      MED/1.38
      Searchlights for use in lifeboats and rescue boats
      MED/1.39
      
                  —
               
               
                  Open reversible liferafts
               
            MED/1.41
      Winches for survival craft and rescue boats:
      
                  (a)
               
               
                  davit-launched lifeboats;
               
            
                  (b)
               
               
                  free-fall lifeboats;
               
            
                  (c)
               
               
                  liferafts;
               
            
                  (d)
               
               
                  rescue boats;
               
            
                  (e)
               
               
                  fast rescue boats.
               
            MED/1.43
      Rigid/inflated rescue boats
      2.   Marine pollution prevention
      
      Number and item designation
      MED/2.1
      Oil-filtering equipment (for an oil content of the effluent not exceeding 15 ppm)
      MED/2.2
      Oil/water interface detectors
      MED/2.3
      Oil-content meters
      MED/2.5
      Oil discharge monitoring and control system for oil tankers
      MED/2.6
      Sewage systems
      MED/2.7
      Shipboard incinerators
      (Incinerator plants with capacities greater than 1 500 kW and up to 4 000 kW)
      MED/2.8
      NOx analyser for use on board as per NOx Technical Code 2008
      MED/2.10
      On-board exhaust gas cleaning systems
      3.   Fire protection equipment
      
      Number and item designation
      MED/3.1
      Primary decks covering
      MED/3.2
      Portable fire extinguishers
      MED/3.3
      Firefighter's outfit: protective clothing (close proximity clothing)
      MED/3.4
      Firefighter's outfit: boots
      MED/3.5
      Firefighter's outfit: gloves
      MED/3.6
      Firefighter's outfit: helmet
      MED/3.7
      Self-contained compressed-air-operated breathing apparatus
      MED/3.8
      Compressed air line breathing apparatus
      MED/3.9
      Sprinkler systems components for accommodation spaces, service spaces and control stations equivalent to that referred to in SOLAS 74 Reg. II-2/12 (limited to nozzles and their performance).
      (Nozzles for fixed sprinkler systems, for high speed craft (HSC) are included under this item)
      MED/3.10
      
                  —
               
               
                  Nozzles for fixed pressure water spraying fire-extinguishing systems for machinery spaces and cargo pump-rooms
               
            MED/3.11
      ‘A’ & ‘B’ class divisions fire integrity:
      
                  (a)
               
               
                  ‘A’ class divisions;
               
            
                  (b)
               
               
                  ‘B’ class divisions.
               
            MED/3.12
      Devices to prevent the passage of flame into the cargo tanks in tankers
      MED/3.13
      Non-combustible materials
      MED/3.15
      Materials other than steel for pipes conveying oil or fuel oil:
      
                  (a)
               
               
                  plastic pipes and fittings;
               
            
                  (b)
               
               
                  valves;
               
            
                  (c)
               
               
                  flexible pipe assemblies and compensators;
               
            
                  (d)
               
               
                  metallic pipe components with resilient and elastomeric seals.
               
            MED/3.16
      Fire doors
      MED/3.17
      Fire door control systems components
      MED/3.18
      Surface materials and floor coverings with low flame-spread characteristics:
      
                  (a)
               
               
                  decorative veneers;
               
            
                  (b)
               
               
                  paint systems;
               
            
                  (c)
               
               
                  floor coverings;
               
            
                  (d)
               
               
                  pipe insulation covers;
               
            
                  (e)
               
               
                  adhesives used in the construction of ‘A’, ‘B’ & ‘C’ class divisions;
               
            
                  (f)
               
               
                  combustible ducts membrane.
               
            MED/3.19
      Draperies, curtains and other suspended textile materials and films
      MED/3.20
      Upholstered furniture
      MED/3.21
      Bedding components
      MED/3.22
      Fire dampers
      MED/3.25
      ‘A’ and ‘B’ class fireproof windows and side scuttles
      MED/3.26
      Penetrations through ‘A’ class divisions:
      
                  (a)
               
               
                  electric cable transits;
               
            
                  (b)
               
               
                  pipe, duct, trunk, etc. penetrations.
               
            MED/3.27
      Penetrations through ‘B’ class divisions:
      
                  (a)
               
               
                  electric cable transits;
               
            
                  (b)
               
               
                  pipe, duct, trunk, etc. penetrations.
               
            MED/3.28
      Sprinkler systems (limited to sprinkler heads).
      (Nozzles for fixed sprinkler systems, for high speed craft (HSC) are included under this item)
      MED/3.29
      Firefighting hoses
      Non-percolating lay flat firefighting hoses (range of the inside diameter from 25 mm to 52 mm)
      MED/3.30
      Portable oxygen analysis and gas detection equipment
      MED/3.32
      Fire-restricting materials (except furniture) for high speed craft
      MED/3.33
      Fire-restricting materials for furniture for high speed craft
      MED/3.34
      Fire-resisting divisions for high speed craft
      MED/3.35
      Fire doors on high speed craft
      MED/3.36
      Fire dampers on high speed craft
      MED/3.37
      Penetrations through fire-resisting divisions on high speed craft:
      
                  (a)
               
               
                  electric cable transits;
               
            
                  (b)
               
               
                  pipe, duct, trunk etc. penetrations.
               
            MED/3.38
      Portable fire-extinguishing equipment for lifeboats and rescue boats
      MED/3.39
      Nozzles for equivalent water-mist fire-extinguishing systems for machinery spaces and cargo pump rooms
      MED/3.40
      Low-location lighting systems (components only)
      MED/3.41
      Emergency escape breathing devices (EEBD)
      MED/3.42
      Inert gas systems components
      MED/3.43
      Nozzles for deep-fat cooking equipment fire-extinguishing systems (automatic or manual type).
      MED/3.44
      Firefighter's outfit — lifeline
      MED/3.45
      Equivalent fixed gas fire-extinguishing systems components (extinguishing medium, head valves and nozzles) for machinery spaces and cargo pump rooms
      MED/3.46
      Equivalent fixed gas fire-extinguishing systems for machinery spaces (aerosol systems)
      MED/3.47
      Concentrate for fixed high expansion foam fire-extinguishing systems for machinery spaces and cargo pump rooms.
      MED/3.48
      Fixed water-based local application fire-fighting systems components for use in category A machinery spaces.
      MED/3.49a
      Fixed water-based fire-fighting systems for roro spaces, vehicle spaces and special category spaces:
      
                  (a)
               
               
                  prescriptive-based systems as per Circ.1430 Clause 4;
               
            
                  (b)
               
               
                  performance-based systems as per Circ. 1430 Clause 5.
               
            MED/3.51
      Fixed fire detection and fire alarm systems components for control stations, service spaces, accommodation spaces, cabin balconies, machinery spaces and unattended machinery spaces:
      
                  (a)
               
               
                  control and indicating equipment;
               
            
                  (b)
               
               
                  power supply equipment;
               
            
                  (c)
               
               
                  heat detectors — Point detectors;
               
            
                  (d)
               
               
                  smoke detectors: Point detectors using scattered light, transmitted light or ionisation;
               
            
                  (e)
               
               
                  flame detectors: Point detectors;
               
            
                  (f)
               
               
                  manual call points;
               
            
                  (g)
               
               
                  short-circuit isolators;
               
            
                  (h)
               
               
                  input/output devices;
               
            
                  (i)
               
               
                  cables.
               
            MED/3.52
      Non-portable and transportable fire extinguishers
      MED/3.53
      Fire alarm devices — Sounders
      MED/3.54
      Fixed oxygen analysis and gas detection equipment
      MED/3.55
      Dual purpose type nozzles
      (spray/jet type)
      MED/3.56
      Fixed firefighting hose systems
      Hose reels with semi-rigid hose
      MED/3.57
      Medium expansion foam fire-extinguishing systems components — fixed deck foam for tankers
      MED/3.58
      Fixed low expansion foam fire-extinguishing systems components for machinery spaces and tanker deck protection.
      MED/3.59
      Expansion foam for fixed fire-extinguishing systems for chemical tankers
      MED/3.60
      Nozzles for fixed pressure water-spraying fire-extinguishing systems for cabin balconies
      MED/3.61a
      Inside air high expansion foam systems for the protection of machinery spaces, cargo pump rooms, vehicle and ro-ro spaces, special category spaces and cargo spaces.
      MED/3.61b
      Outside air high expansion foam systems for the protection of machinery spaces, cargo pump rooms, vehicle and ro-ro spaces, special category spaces and cargo spaces.
      MED/3.62
      Dry chemical powder extinguishing systems
      MED/3.63
      Sample extraction smoke detection systems components
      MED/3.64
      C class divisions
      MED/3.65
      Fixed hydrocarbon gas detection system
      MED/3.66
      Evacuation guidance systems used as an alternative to low-location lighting systems
      MED/3.67
      Helicopter facility foam fire-fighting appliances
      MED/3.68
      Galley exhaust duct fixed fire-extinguishing systems components
      MED/3.69
      Mobile water monitor for ships constructed on or after 1 January 2016 designed to carry five or more tiers of containers on or above the weather deck
      MED/3.70
      Firefighting hoses
      Semi-rigid hoses for fixed systems
      MED/3.71
      Fixed firefighting hose systems
      Hose systems with lay-flat hose
      4.   Navigation equipment
      
      Number and item designation
      MED/4.1
      Magnetic compass
      Class A for ships
      MED/4.2
      Transmitting heading device THD (magnetic method)
      MED/4.3
      Gyro compass
      MED/4.6
      Echo-sounding equipment
      MED/4.7
      Speed and distance measuring equipment (SDME)
      MED/4.9
      Rate-of-turn indicator
      MED/4.14
      GPS equipment
      MED/4.15
      GLONASS equipment
      MED/4.16
      Heading control system (HCS)
      MED/4.18
      Search and rescue locating devices (SRLD):
      9 GHz SAR transponder (SART)
      MED/4.20
      Rudder angle indicator
      MED/4.21
      Propeller revolution indicator
      MED/4.22
      Pitch indicator
      MED/4.23
      Magnetic compass Class B for lifeboats and rescue boats
      MED/4.29
      Voyage data recorder (VDR)
      MED/4.30
      Electronic chart display and information system (ECDIS) with back-up, and raster chart display system (RCDS)
      MED/4.31
      Gyro compass for high-speed craft
      MED/4.32
      Universal automatic identification system equipment (AIS)
      MED/4.33
      Track control system
      (working at ship's speed from minimum manoeuvring speed up to 30 knots)
      MED/4.34
      Radar equipment CAT 1
      MED/4.35
      Radar equipment CAT 2
      MED/4.36
      Radar equipment CAT 3
      MED/4.37
      Radar equipment for high speed craft applications (CAT 1H and CAT 2H)
      MED/4.38
      Radar equipment approved with a chart option, namely:
      
                  (a)
               
               
                  CAT 1C;
               
            
                  (b)
               
               
                  CAT 2C;
               
            
                  (c)
               
               
                  CAT 1HC;
               
            
                  (d)
               
               
                  CAT 2HC.
               
            MED/4.39
      Radar reflector — passive type
      MED/4.40
      Heading control system for high speed craft
      MED/4.41
      Transmitting heading device THD (GNSS method)
      MED/4.42
      Searchlight for high speed craft
      MED/4.43
      Night vision equipment for high speed craft
      MED/4.44
      Differential beacon receiver for DGPS and DGLONASS Equipment
      MED/4.46
      Transmitting heading device THD (Gyroscopic method)
      MED/4.47
      Simplified voyage data recorder (S-VDR)
      MED/4.49
      Pilot ladder
      MED/4.50
      DGPS Equipment
      MED/4.51
      DGLONASS Equipment
      MED/4.52
      Daylight signalling lamp
      MED/4.53
      Radar target enhancer
      MED/4.54
      Compass Bearing Device
      MED/4.55
      Search and rescue locating devices (SRLD):
      AIS SART equipment
      MED/4.56
      Galileo Equipment
      MED/4.57
      Bridge Navigational Watch Alarm System (BNWAS)
      MED/4.58
      Sound reception system
      MED/4.59
      Integrated navigation system
      5.   Radio-communication equipment
      
      Number and item designation
      MED/5.1
      VHF radio capable of transmitting and receiving DSC and radiotelephony
      MED/5.2
      VHF DSC watch-keeping receiver
      MED/5.3
      NAVTEX receiver
      MED/5.4
      EGC receiver
      MED/5.5
      HF marine safety information (MSI) equipment (HF NBDP receiver)
      MED/5.6
      406 MHz EPIRB (COSPAS-SARSAT)
      MED/5.10
      MF radio capable of transmitting and receiving DSC and radiotelephony
      MED/5.11
      MF DSC watch-keeping receiver
      MED/5.13
      Inmarsat-C SES
      MED/5.14
      MF/HF radio capable of transmitting and receiving DSC, NBDP and radiotelephony.
      MED/5.15
      MF/HF DSC scanning watch-keeping receiver
      MED/5.17
      Portable survival craft two-way VHF radiotelephone apparatus
      MED/5.18
      Fixed survival craft two-way VHF radiotelephone apparatus
      MED/5.19
      Inmarsat-F77
      6.   Equipment required under COLREG 72
      
      Number and item designation
      MED/6.1
      Navigation lights
      7.   Bulk carrier safety equipment
      
      This chapter currently has no items.
      8.   Equipment under SOLAS Chapter II-1
      
      Number and item designation
      MED/8.1
      
                  —
               
               
                  Water level detectors