Marine Equipment

Directive 2014/90/EU aims to improves safety at sea, to prevent marine pollution and to ensure that international safety standards for equipment on EU ships are interpreted in the same way across the EU. It applies to all ships flying an EU flag. The equipment that meets the safety standards is stamped with a certification mark (the ‘wheel mark’) or alternatively the manufacturers may attach an electronic tag to their products. This should prevent counterfeiting and support in monitoring the market.

Legal act:
Directive 2014/90/EU
Commission Delegated Directive (EU) 2021/1206 - OJ L 261/45 of 22 July 2021

 

Consolidated act:
11/08/2021 of Directive 2014/90/EU

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Scope

  1. This Directive shall apply to 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, regardless of whether the ship is situated in the Union at the time when it is fitted with the equipment.
  2. Notwithstanding the fact that the equipment referred to in paragraph 1 may also fall within the scope of instruments of Union law other than this Directive, that equipment shall, for the purpose set out in Article 1, be subject only to this Directive.

 

Definitions

Making available on the market means any supply of marine equipment on the Union market in the course of a commercial activity, whether in return for payment or free of charge.

Placing on the market means the first making available of marine equipment on the Union market.

Importer means any natural or legal person established within the Union who places marine equipment from a third country on the Union market.

Distributor means any natural or legal person in the supply chain, other than the manufacturer or the importer, who makes marine equipment available on the market.

Withdrawal means any measure aimed at preventing marine equipment in the supply chain from being made available on the market;

 

Article 9 - The wheel mark

Use of the wheel mark shall be subject to the general principles set out in paragraphs 1 and 3 to 6 of Article 30 of Regulation (EC) No 765/2008, where any reference to the CE marking shall be construed as a reference to the wheel mark.

 

Article 16 - EU declaration of conformity

  1. The EU declaration of conformity shall state that the fulfilment of the requirements laid down in accordance with Article 4 has been demonstrated.
  2. The EU declaration of conformity shall follow the model structure set out in Annex III to Decision No 768/ 2008/EC. It shall contain the elements specified in the relevant modules set out in Annex II to this Directive and shall be kept up to date.
  3. By drawing up the EU declaration of conformity, the manufacturer shall assume the responsibility and the obligations referred to in Article 12(1).
  4. When marine equipment is placed on board an EU ship, a copy of the EU declaration of conformity covering the equipment concerned shall be provided to the ship, and shall be kept on board until the said equipment is removed from the ship. It shall be translated by the manufacturer into the language or languages required by the flag Member State, including at least a language commonly used in the maritime transport sector.
  5. A copy of the EU declaration of conformity shall be provided to the notified body or to the bodies which carried out the relevant conformity assessment procedures.

Legal acts repealed:

Directive 96/98/EC

Previous guidelines:

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