Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 13th May, 2016.

The Minister for Transport, Tourism and Sport, in exercise of the powers conferred on him by section 3 of the European Communities Act 1972 (No. 27 of 1972), and for the purpose of giving further effect to Council Directive No. 96/98/EC of 20 December 1996¹ , as amended by Commission Directive (EU) No. 2015/559 of 9 April 2015² , hereby makes the following regulations:

1. These Regulations may be cited as the European Union (Marine Equipment) (Amendment) Regulations 2016.

2. The European Union (Marine Equipment) Regulations 2014 ( S.I. No. 540 of 2014 ) are amended—

(a) in Regulation 2(1), by the substitution of the following definition for the definition of “Marine Equipment Directive”:

“ ‘Marine Equipment Directive’ means Council Directive No. 96/98/EC of 20 December 19961 (as amended by Commission Directive No. 98/85/EC of 11 November 1998³ , Commission Directive No. 2001/53/EC of 10 July 2001⁴ , Commission Directive No. 2002/75/EC of 2 September 2002⁵ , Directive No. 2002/84/EC of the European Parliament and of the Council of 5 November 2002⁶ , Commission Directive No. 2008/67/EC of 30 June 2008⁷ , Commission Directive No. 2009/26/EC of 6 April 2009⁸ , Regulation (EC) No. 596/2009 of the European Parliament and of the Council of 18 June 2009⁹ , Commission Directive No. 2010/68/EU of 22 October 2010¹⁰ , Commission Directive No. 2011/75/EU of 2 September 2011¹¹ , Commission Directive No. 2012/32/EU of 25 October 2012¹² , Commission Directive No. 2013/52/EU of 30 October 2013¹³ , Commission Directive No. 2014/93/EU of 18 July 2014¹⁴ and Commission Directive (EU) No. 2015/559 of 9 April 20152);”,

and

(b) by the insertion of the following Regulation after Regulation 9A:

“9B.Equipment listed in entry A.1/3.68 of column 1 of Annex A.1 to the Marine Equipment Directive that does not comply with the requirements of Regulation 3, may, notwithstanding that Regulation, be placed on the market or on board an Irish ship until 30 April 2018, if the equipment was manufactured before 30 April 2016 in accordance with procedures for type approval in force before that date within the State or the territory of another Member State.”.

GIVEN under the Official Seal of the Minister for Transport, Tourism and Sport,

10 May 2016.

SHANE ROSS,

Minister for Transport, Tourism and Sport.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

The purpose of this Statutory Instrument is to transpose Commission Directive (EU) 2015/559 on marine equipment. The 2015 Directive amends Council Directive 96/98/EC on marine equipment by substituting a new Annex A. The principal requirement of these Directives is that the equipment placed on board ships meets the applicable requirements and the testing standards that apply under international conventions, including MARPOL (prevention of pollution), SOLAS (safety at sea), load lines and collision regulations.

The relevant marine equipment is listed in Annex A. Ireland’s national legislation on marine equipment is the European Communities (Marine Equipment) Regulations 2014 ( S.I. No. 540 of 2014 ) as amended in 2015. This new Statutory Instrument further amends the 2014 Regulations to substitute an updated Annex A and provide that transitional arrangements apply until 30 April 2018 in respect of certain marine equipment that was manufactured before 30 April 2016.

1 OJ No. L 46, 17.2.1997, p. 25

2 OJ No. L 95, 10.4.2015, p. 1

3 OJ No. L 315, 25.11.1998, p. 14

4 OJ No. L 204, 28.7.2001, p. 1

5 OJ No. L 254, 23.9.2002, p. 1

6 OJ No. L 324, 29.11.2002, p. 53

7 OJ No. L 171, 1.7.2008, p. 16

8 OJ No. L 113, 6.5.2009, p. 1

9 OJ No. L 188, 18.7.2009, p. 14

10 OJ No. L 305, 20.11.2010, p. 1

11 OJ No. L 239, 15.9.2011, p. 1

12 OJ No. L 312, 10.11.2012, p. 1

13 OJ No. L 304, 14.11.2013, p. 1

14 OJ No. L 220, 25.7.2014, p.1