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Document 22023D1146
Decision No 1/2023 of the Joint Committee established by the Agreement between the European Community and the United States of America of 26 May 2023 on the mutual recognition of certificates of conformity for marine equipment amending Annexes I, II and III [2023/1146]
Decision No 1/2023 of the Joint Committee established by the Agreement between the European Community and the United States of America of 26 May 2023 on the mutual recognition of certificates of conformity for marine equipment amending Annexes I, II and III [2023/1146]
Decision No 1/2023 of the Joint Committee established by the Agreement between the European Community and the United States of America of 26 May 2023 on the mutual recognition of certificates of conformity for marine equipment amending Annexes I, II and III [2023/1146]
C/2023/3346
OJ L 151, 12.6.2023, p. 33–42
(BG, ES, CS, DA, DE, ET, EL, EN, FR, GA, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
In force
12.6.2023 |
EN |
Official Journal of the European Union |
L 151/33 |
DECISION No 1/2023 OF THE JOINT COMMITTEE ESTABLISHED BY THE AGREEMENT BETWEEN THE EUROPEAN COMMUNITY AND THE UNITED STATES OF AMERICA
of 26 May 2023
on the mutual recognition of certificates of conformity for marine equipment amending Annexes I, II and III [2023/1146]
THE JOINT COMMITTEE,
Having regard to the Agreement between the European Community and the United States of America on the mutual recognition of certificates of conformity for marine equipment, and in particular Article 7 thereof;
Whereas:
(1) |
Pursuant to Article 7(3)(d) of the Agreement between the European Community and the United States of America on the mutual recognition of certificates of conformity for marine equipment (‘the Agreement’), the Joint Committee established under Article 7(1) of the Agreement may amend the Annexes thereto. |
(2) |
In order to support the proper implementation of the legislation that is within the scope of the Agreement it is important to include interpretations developed by the notified body coordination group established under Directive 2014/90/EU of the European Parliament and of the Council (1) as well as policy guidance issued by the U.S. Coast Guard in the list of laws, regulations and administrative provisions listed in Annex I. |
(3) |
Therefore, Annex I to the Agreement should be amended accordingly. |
(4) |
In accordance with Article 7(3)(a) of the Agreement, the Joint Committee is responsible for 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. |
(5) |
Taking into account technical progress and changes to the international instruments, the European Union and the United States of America have agreed on the modification of the product coverage for mutual recognition. |
(6) |
Therefore, Annex II of the Agreement should be amended accordingly. |
(7) |
The list of regulatory authorities and their addresses should be updated and the regulatory authority of the United Kingdom should be removed. |
(8) |
Therefore, Annex III of the Agreement should be amended accordingly, |
HAS DECIDED AS FOLLOWS:
Annexes I, II and III of the Agreement are replaced by the text in the Annex to this Decision.
This Decision, done in duplicate, shall be signed by representatives of the Joint Committee who are authorised to act on behalf of the Parties for purposes of amending the Agreement. This Decision shall be effective from the date of the later of these signatures.
On behalf of the United States of America
Sushan DEMIRJIAN
Signed in Brussels, on 26 May 2023
On behalf of the European Union
Lucian CERNAT
Signed in Brussels, on 26 May 2023
(1) 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 (OJ L 257, 28.8.2014, p. 146).
ANNEX
‘ANNEX I
LEGISLATION, REGULATIONS AND ADMINISTRATIVE PROVISIONS
EU legislation, regulations and administrative provisions:
— |
Directive 2014/90/EU (hereinafter referred to as ‘MED’) and the implementing acts adopted in accordance with Articles 35(2) and (3) of that Directive, which are published in the Official Journal of the European Union and made available on https://portal.med.emsa.europa.eu/. |
— |
Guidelines for the implementation of, in particular, conformity assessment procedures falling under the MED are provided by:
|
U.S. legislation, regulations and administrative provisions:
— |
United States Code, Title 46 (46 U.S.C. 3306), provides statutory authority to the United States Coast Guard (through delegation by the Secretary of the Department of Homeland Security) to issue regulations for approval of marine equipment. |
— |
United States Code of Federal Regulations
|
— |
Policy guidance issued by the U.S. Coast Guard
|
‘ANNEX II
PRODUCT COVERAGE FOR MUTUAL RECOGNITION
Lifesaving appliances
Product item identification |
EU item number |
U.S. item |
Position- indicating lights for life- saving appliances: for survival craft and rescue boats |
MED/1.2a |
161.101 |
Position- indicating lights for life- saving appliances: for lifebuoys |
MED/1.2b |
161.110 |
Position- indicating lights for life- saving appliances: for lifejackets |
MED/1.2c |
161.112 |
Lifebuoy self- activating smoke signals Note: Expiration date not to exceed 48 months after month of manufacture. |
MED/1.3 |
160.157 |
Rocket parachute flares (pyrotechnics) Note: Expiration date not to exceed 48 months after month of manufacture. |
MED/1.8 |
160.136 |
Hand flares (pyrotechnics) Note: Expiration date not to exceed 48 months after month of manufacture. |
MED/1.9 |
160.121 |
Buoyant smoke signals (pyrotechnics) Note: Expiration date not to exceed 48 months after month of manufacture. |
MED/1.10 |
160.122 |
Line-throwing appliances Note: Expiration date not to exceed 48 months after month of manufacture. |
MED/1.11 |
160.040 |
Rigid liferafts Note: The emergency pack is not covered by the Agreement |
MED/1.13 |
160.118 |
Automatically self- righting liferafts (rigid liferafts only/inflatable liferafts not covered) Note: The emergency pack is not covered by the Agreement |
MED/1.14b |
160.118 |
Canopied reversible liferafts (rigid liferafts only/inflatable liferafts not covered) Note: The emergency pack is not covered by the Agreement |
MED/1.15 |
160.118 |
Float- free arrangements for liferafts (hydrostatic release units) |
MED/1.16 |
160.162 |
Release mechanism for: Lifeboats and rescue boats (launched by a fall or falls) Limited to Davit-launched liferaft automatic release hook |
MED/1.26a |
160.170 |
Release mechanism for: Liferafts (launched by a fall or falls) Limited to Davit-launched liferaft automatic release hook |
MED/1.26b |
160.170 |
Marine evacuation systems |
MED/1.27 |
160.175 |
Embarkation Ladders |
MED/1.29 |
160.117 |
Retro-reflective materials |
MED/1.30 |
164.018 |
Fire protection
Product item identification |
EU item number |
U.S. item number |
Primary deck coverings |
MED/3.1 |
164.106 |
‘A’ & ‘B’ Class divisions fire integrity: ‘A’ class divisions: A-60 deck assemblies |
MED/3.11a |
164.105 |
‘A’ & ‘B’ Class divisions fire integrity: ‘A’ class divisions: A-60 structural insulation |
MED/3.11a |
164.107 |
‘A’ & ‘B’ Class divisions fire integrity: ‘B’ class divisions. - bulkheads. |
MED/3.11b |
164.108 |
‘A’ & ‘B’ Class divisions fire integrity: ‘B’ class divisions. - ceilings. |
MED/3.11b |
164.110 |
Non-combustible materials |
MED/3.13 |
164.109 |
Fire doors Limited to fire doors without windows or with total window area no more than 645 cm2 in each door leaf, unless hose stream, heat flux, and/or temperature rise tests are conducted according to USCG approval guidance. Approval limited to maximum door size tested. Doors must be used with a fire tested frame design. |
MED/3.16 |
164.136 |
Fire door control systems components. |
MED/3.17 |
164.146 |
Surface materials and floor coverings with low flame-spread characteristics: decorative veneers. |
MED/3.18a |
164.112 |
Surface materials and floor coverings with low flame-spread characteristics: paint systems. |
MED/3.18b |
164.112 |
Surface materials and floor coverings with low flame-spread characteristics: floor coverings. |
MED/3.18 c |
164.117 |
Surface materials and floor coverings with low flame-spread characteristics: combustible ducts membrane. |
MED/3.18f |
164.112 |
Draperies, curtains and other suspended textile materials and films |
MED/3.19 |
164.111 |
Upholstered furniture: Cover material for flame-retardant filling material |
MED/3.20b |
164.144 |
Upholstered furniture: Cover material for flame-retardant filling material (tested in specific combination as intended for the later application). |
MED/3.20c |
164.144 |
Bedding components |
MED/3.21 |
164.142 |
Fire dampers |
MED/3.22 |
164.139 |
Penetrations through ‘A’ class electric cable transits. |
MED/3.26a |
164.138 |
Penetrations through ‘A’ class pipe, duct, trunk, etc. penetrations |
MED/3.26b |
164.138 |
Fire restricting materials (except furniture) for high-speed craft |
MED/3.32 |
164.201 |
Fire restricting materials for furniture for high-speed craft |
MED/3.33 |
164.201 |
Fire resisting divisions for high-speed craft |
MED/3.34 |
164.207 |
C class divisions |
MED/3.64 |
164.109 |
Navigation equipment
Product item identification |
EU item |
US item number |
Magnetic compass Class A for ships |
MED/4.1 |
165.101 |
Transmitting heading device THD (magnetic method) |
MED/4.2 |
165.102 |
Echo-sounding equipment |
MED/4.6 |
165.107 |
Speed and distance measuring equipment (SDME) |
MED/4.7 |
165.105 |
Rate- of- turn- indicator |
MED/4.9 |
165.106 |
Heading control system (HCS) |
MED/4.16 |
165.110 |
Rudder Angle Indicator |
MED/4.20 |
165.167 |
Propeller revolution indicator |
MED/4.21 |
165.168 |
Pitch Indicator |
MED/4.22 |
165.169 |
Voyage data recorder (VDR) |
MED/4.29 |
165.150 |
Electronic chart display and information system (ECDIS) with backup, and raster chart display system (RCDS) |
MED/4.30 |
165.123 165.124 |
Universal automatic identification system equipment (AIS) |
MED/4.32 |
165.155 |
Track control system (working at ship’s speed from minimum manoeuvring speed up to 30 knots) |
MED/4.33 |
165.112 |
Radar reflector passive type |
MED/4.39 |
165.160 |
Heading control system for high-speed craft |
MED/4.40 |
165.210 |
Transmitting heading device THD (GNSS method) |
MED/4.41 |
165.102 |
Searchlight for high-speed craft |
MED/4.42 |
165.252 |
Night vision equipment for high-speed craft |
MED/4.43 |
165.251 |
Transmitting heading device THD (Gyroscopic method) |
MED/4.46 |
165.102 |
Simplified voyage data recorder (S- VDR) |
MED/4.47 |
165.151 |
Pilot ladder |
MED/4.49 |
163.003 |
Daylight signaling lamp |
MED/4.52 |
165.166 |
Bridge Navigational Watch Alarm System (BNWAS) |
MED/4.57 |
165.142 |
Sound reception system |
MED/4.58 |
165.165 |
Integrated navigation system |
MED/4.59 |
165.141 |
GPS equipment |
MED/4.63 |
165.130 |
GLONASS equipment |
MED/4.63 |
165.131 |
DGPS equipment |
MED/4.63 |
165.132 |
DGLONASS equipment |
MED/4.63 |
165.133 |
Radar equipment CAT 1 (Radar equipment used with ARPA must have separate EU and USA certifications) ‡ |
MED/4.64 |
165.115 |
Radar equipment CAT 2 (Radar equipment used with ATA must have separate EU and USA certifications) ‡ |
MED/4.64 |
165.116 |
Radar equipment CAT 3 (Radar equipment used with EPA must have separate EU and USA certifications) ‡ |
MED/4.64 |
165.117 |
Radar equipment for high-speed craft applications (CAT 1H) ‡ |
MED/4.64 |
165.216 |
Radar equipment for high-speed craft applications (CAT 2H) ‡ |
MED/4.64 |
165.217 |
Gyro compass |
MED/4.65 |
165.103 |
Gyro compass for high-speed craft |
MED/4.65 |
165.203 |
‘ANNEX III
REGULATORY AUTHORITIES
EUROPEAN UNION
Belgium |
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Bulgaria |
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Czech Republic |
Ministerstvo dopravy (Ministry of Transport) P.O. Box 9 Nábřeží Ludvíka Svobody 12 110 15 Praha 1 |
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Denmark |
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Germany |
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Estonia |
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Ireland |
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Greece |
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Spain |
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France |
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Croatia |
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Italy |
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Cyprus |
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Latvia |
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Lithuania |
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Luxembourg |
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Hungary |
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Malta |
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Netherlands |
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Austria |
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Poland |
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Portugal |
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Romania |
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Slovenia |
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Slovakia |
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Finland |
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Sweden |
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European Commission |
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UNITED STATES OF AMERICA |
United States Coast Guard |
Office of Design and Engineering Standards (CG- ENG) |
2703 Martin Luther King Jr Ave SE |
STOP 7509 |
Washington DC 20593-7509 |