MIN 590 Amendment 5 (M+F) United Kingdom conformity assessment procedures for marine equipment
Published 19 July 2022
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Summary
This notice updates key information regarding the UK’s marine equipment conformity assessment regime, including in relation to the end of the ‘standstill’ period on 31 December 2022, after which date EU approved marine equipment will no longer be able to be placed on board UK vessels (with the exception of ‘spares’, and equipment manufactured before 1 January 2023 – these are outlined in more detail in MSN 1874 as amended). This notice provides important updates, and outlines key exceptions to that. It also provides additional guidance to industry in preparation for that 1 January 2023 date.
1. Introduction
1.1 International Maritime Organization (IMO) Conventions require ships to carry safety and counter pollution equipment (collectively ‘marine equipment’) that has been approved by the ship’s Flag Administration. This means that Flag Administrations are required to ensure that marine equipment carried on board ships flying their flag comply with international design, construction, performance and testing standards, and to ensure that such equipment is approved as meeting those standards.
1.2 After the United Kingdom left the European Union, the UK implemented regulations to establish UK conformity assessment procedures to ensure that the UK can continue to comply with its international obligations by applying international standards to marine equipment that is to be placed on board UK ships.
1.3 ‘The Regulations’ shall mean the Merchant Shipping (Marine Equipment) Regulations 2016, as amended.
2. Information for UK ship operators
2.1 In accordance with IMO Conventions, UK ships must carry marine equipment which has been approved to the applicable international standards. The MCA, on behalf of the Secretary of State, is responsible for discharging this responsibility to approve marine equipment as the Flag Administration for UK ships.
2.2 From 1 January 2023, marine equipment must be UK approved in order to be placed on board UK ships. This means it carries the UK conformity mark for marine equipment, the ‘Red Ensign’. Equipment covered under the UK-US Mutual Recognition Agreement for marine equipment, approved by the United States Coast Guard (USCG), accompanied by a US declaration of conformity, and affixed with the ‘Red Ensign’ UK conformity mark is also acceptable.
2.3 From 1 January 2023, EU approved ‘MED’ marine equipment, carrying the EU mark of conformity for marine equipment (the ‘Wheelmark’) will no longer be able to be placed on board UK ships. There are two exceptions:
2.3.1 EU approved marine equipment that constitutes a ‘spare’ part, defined as: ‘Spares are replacements of Wheelmarked or Red Ensign marked products which ensurecontinued functionality (i.e., via maintenance or repair) of a wider product or system on board a United Kingdom ship’, can continue to be placed on board UK ships.
2.3.2 EU approved marine equipment manufactured before 1 January 2023 can continue to be placed on board UK ships, providing that its last placing on board date has not passed – as listed in MSN 1874 as amended. This means that if it was assessed against standards that have since been superseded, and the last placing onboard date for those older standards has passed, then it cannot be used on board UK ships.
2.4 EU ‘MED’ approved marine equipment that is already on board UK ships can remain on board for the duration of the equipment’s operational life, and only when the equipment needs replacing after 1 January 2023 will it need to be replaced with UK approved equipment, subject to the exceptions outlined in paragraph 2.3.
2.5 UK conformity assessment procedures for marine equipment are conducted by UK Approved Bodies. These procedures include conducting testing and issuing relevant UK certification. A list of UK Approved Bodies can be found in MSN 1874 as amended, and on the UKMCAB database:
3. Information for manufacturers and other economic operators
3.1 Economic operators which produce, sell, make available on the UK market or otherwise offer for supply marine equipment to a UK ship must take into consideration the conformity assessment procedures marine equipment must undergo and the associated certification and conformity marking marine equipment must hold before being placed on board a UK ship.
3.2 The following key points should be observed regarding UK conformity assessment procedures:
3.2.1 The applicable international standards to be met by marine equipment are listed in Annex 1 to the latest version of MSN 1874 (M+F).
3.2.2 Conformity assessment activities are conducted on behalf of the MCA by designated UK Approved Bodies;
3.2.3 The routes to conformity approval are specified in the Regulations;
3.2.4 A manufacturer based outside the UK may opt to appoint an authorised representative in the UK by way of a mandate.
3.2.5 A manufacturer must issue a UK declaration of conformity with marine equipment and the minimum information to be contained in the declaration as specified in regulation 14 of the Regulations; and
3.2.6 Marine equipment which has been granted UK conformity approval must be affixed with the UK conformity mark which is detailed in Annex 5 of the latest MSN 1874 (M+F).
4. Information for UK Approved Bodies
4.1 UK Approved Bodies for marine equipment are responsible for the conformity assessment of marine equipment seeking UK approval in accordance with the Regulations. Approved Bodies must follow the conformity assessment procedures and meet the requirements specified in Schedules 2 and 3 of the Regulations, respectively. These procedures/ requirements include:
4.1.1 The modular (modules B, D, E, F and G) conformity assessment of marine equipment.
4.1.2 The applicable international standards to be applied during conformity assessment are detailed in Annex 1 of the latest MSN 1874 (M+F).
4.1.3 The EU’s interpretations of the applicable international standards and of the MED (the MarED recommendations) from before 1 January 2021 apply as UK interpretations to UK conformity assessment. The UK may issue further UK Recommendations when considered necessary.
4.1.4 A recognised test laboratory meeting ISO/IEC 17025:2017 must be used if the testing is not directly supervised by the Approved Body itself.
4.1.5 The Approved Body must submit itself for assessment with the United Kingdom Accreditation Service (UKAS) and hold valid accreditation with UKAS to ISO/IEC 17065:2012 in accordance with the Regulations. Information for provisionally appointed UK Approved Bodies is contained within paragraph 4.2.
4.1.6 Conformity assessment bodies seeking designation by the Secretary of State for status as an Approved Body for marine equipment should also be aware of the designation procedure specified in Schedule 4 of the Regulations and read the guidance given in MGN 554 as amended which explains the procedures to be followed in seeking designation.
4.2 Provisional appointment of UK Approved Bodies
4.2.1 Provisionally appointed UK Approved Bodies must gain full accreditation with UKAS before 30 June 2023.
4.2.2 Provisionally appointed UK Approved Bodies are unable to approve marine equipment under the UK-US Mutual Recognition Agreement: this means that they cannot issue US marking. Once a provisionally appointed UK Approved Body becomes fully appointed as a UK Approved Body, then it would be able to approve items covered under the agreement, and issue US marking subject to the terms of the UK-US Mutual Recognition Agreement for marine equipment, like any other fully appointed UK Approved Body.
4.2.3 To become provisionally appointed as a UK Approved Body, conformity assessment bodies must follow the process to become a UK Approved Body outlined in MGN 554 as amended. The Maritime and Coastguard Agency will then consider provisional appointment.
4.3 Retesting
4.3.1 UK Approved Bodies are permitted, at their discretion, to issue UK certification for an existing marine equipment product, providing that the product holds an in-date EU certificate of conformity from an EU Notified Body, without a requirement to repeat conformity assessment testing. Newly issued UK certificates following this process would only be valid for the same period as the existing EU certificate. After this expires, they would need to go through the usual UK conformity assessment process.
5. The UK’s Conformity Mark for Marine Equipment
5.1 The UK’s conformity mark for marine equipment is described in Annex 5 to the latest MSN 1874 as well as instructions for its use.
6. General information on the administration of the UK’s procedures for conformity assessment
6.1 The MCA, on behalf the Secretary of State, acts as the Regulatory Authority in the UK for marine equipment. The MCA monitors the activity of the Approved Bodies in cooperation with UKAS, conduct market surveillance of marine equipment bearing the UK conformity mark, and will otherwise enforce the Regulations.
6.2 The MCA maintains a list of marine equipment which has been granted UK conformity assessment. This is updated monthly, and is available at: https://www.gov.uk/government/publications/uk-marine-equipment-approval-database
7. Information regarding Northern Ireland, the Regulations, and the EU’s Marine Equipment Directive
7.1 The UK conformity assessment procedures described in this note will apply for all UK approved marine equipment manufactured, or installed on board UK ships, in Northern Ireland, including UK ships with their home port in Northern Ireland.
7.2 The EU’s Marine Equipment Directive will continue to have effect for MED approved marine equipment in Northern Ireland. Manufacturers and other economic operators based in Northern Ireland who wish to place marine equipment on board ships registered in EU and EEA states will need to ensure that such equipment complies with the relevant EU conformity assessment procedures.
7.3 The Government has introduced new legislation (Northern Ireland Protocol Bill) to make changes to how the Northern Ireland Protocol will apply. You should continue to use the guidance contained in this Notice. It will be updated in due course, giving you time to prepare for any new requirements.
8. Supporting Documentation
8.1 The full range of guidance and information can be found in the following:
8.1.1 MSN 1874 amendment 6
8.1.2 MGN 554 amendment 1 – Marine Equipment – Procedure for becoming a UK Approved Body following the UK’s exit from the EU
8.1.3 MGN 557 amendment 1 – Marine Equipment – market surveillance – strategy, reporting and enforcement
More information
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