These Regulations, in exercise of the powers conferred on it by sections 59 and 118 of the Gibraltar Merchant Shipping (Safety, etc.) Act 1993 and all other enabling powers, and for the purpose of transposing into the law of Gibraltar 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, here provide for necessary implementation of marine equipment provisions and related rules.
The text is divided into 40 Regulations, as follows: Title and commencement; Interpretation; The purposes and application of these Regulations; Requirements for marine equipment; Marine equipment to comply with these Regulations and international instruments; Functioning of the internal market; Transfer of a ship to the flag of a Member State; The wheel mark; Rules and conditions for affixing the wheel mark; Electronic tag; Obligation of manufacturer; Authorized representatives; Other economic operators; Conformity assessment procedures; EU declaration of conformity; Notification of conformity assessment bodies; Notifying authorities; Information obligation on notifying authorities; Subsidiaries of, and subcontracting by, notified bodies; Changes to notifications; Challenges to the competence of notified bodies; Operational obligations of notified bodies; Obligation of notified bodies to provide information; EU market surveillance framework; Procedure for dealing with marine equipment presenting a risk; EU safeguard procedure; Compliant products which present a risk to maritime safety, to health or to the environment; Formal non-compliance; Exemptions based on technical innovation; Exemptions for testing or evaluation; Exemptions in exceptional circumstances; Coordination of notified bodies; Unauthorized use of mark of conformity; Delegation of powers; Appeals; Offences and penalties; Defence to offences; Power to detain; Repeal; Savings and transitional provision.
These Regulations seek to enhance safety at sea and to prevent marine pollution through the uniform application of the relevant international instruments relating to marine equipment to be placed on board EU ships; and to ensure the free movement of such equipment within the European Union. These Regulations must 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 European Union at the time when it is fitted with the equipment.
Schedules 1-5 are also part of this text (Wheel mark; Conformity assessment procedures; Requirements to be met by conformity assessment bodies in order to become notified bodies; Notification procedure; Requirements to be met by notifying authorities).