Memorandum by the
Department of the Environment, Transport and the Regions
1999 (S.I. 1999/1957)
1. The Committee asked for
a memorandum on the following points:
(1) Explain the (undefined)
reference to "the applicable international instruments"
in regulation 21(2).
(2) Regulation 23(3)
prescribes the penalty for an offence under regulations 19(4)
and 22(5). Given that no regulation is numbered 19(4), identify
the provision contemplated which creates an offence.
2. The Merchant Shipping
(Marine Equipment) Regulations 1999 ("the Regulations")
implement Council Directive 96/98/EC on marine equipment ("the
Directive"). Regulation 2(2) of the Regulations provides
that, unless given a different meaning in those Regulations, words
and expressions specifically given a meaning by Article 2 of the
Directive shall have that meaning in those Regulations.
3. Article 2(e) of the Directive
defines "international instruments" as meaning "the
relevant international conventions, the relevant resolutions and
circulars of the International Maritime Organisation (IMO) and
the relevant international testing standards." Article 12(2)
of the Directive (which is implemented by regulation 21(2) of
the Regulations) refers to performance tests "required by
international instruments for safety and/or pollution prevention
4. The Department therefore
considers that the reference to "the applicable international
instruments" in regulation 21(2) means the international
conventions, resolutions and circulars of the IMO, and international
testing standards which are applicable to the equipment being
tested. Annex A of Merchant Shipping Notice MSN 1734 lists the
equipment for which detailed testing standards already exist in
international instruments and the documents from which those standards
5. The reference in regulation
23(3) to regulation 19(4) is a missed consequential change due
to a late deletion of regulation 19(4). The Department apologises
for the error, which will be amended at the next suitable opportunity.
26 October 1999